Personal injury contracts are almost always the same in content and language.
From time to time, however, a potential client may call you to talk about an unsafe drug or product heard
about in the news or on television on the internet.
In my opinion, the worst thing an attorney can do is,
presuming there is not a statute of limitations
problem - simply have that client sign a pro forma
contract that covers a typical claim such as an automobile accident or premises claim.
If you complete your initial research and think a person
may have a claim, I would consider a case specific contract, such as one that involves a claim against a drug maker
and an unsafe drug.
In my office, our unsafe drug case contracts have the language listed in addition
to the standard language regarding fees and costs:
The first paragraphs detail fees and costs issues, the scope of the engagement, and
other standard language. I also include:
Court-awarded fee: Client agrees that in the event extraordinary
services are required, Law Firm may apply to the Court for greater
compensation. In the event that Law Firm is awarded a fee by a court that exceeds the percentages, the
court-awarded fee shall apply in lieu of the above amounts.
Claims Excluded From This Engagement: This Agreement
does not cover other related claims that may arise and
may require legal services (for example, medical
malpractice claims). Client understands and agrees
that Law Firm will not investigate or pursue any
medical malpractice action or any other action against
Client’s doctors or medical caregivers. Should Client
wish Law Firm to handle matters in the event they
arise, separate written agreements are required.
Common Benefit Expenses: Law Firm may incur expenses
on behalf of multiple clients in connection with their
individual matters (“Common Benefit Expenses”). If
Law Firm spends $1,000 to hire an expert to reach an
opinion on a topic affecting many clients, rather than
charging the entire $1,000 to the first client who
utilizes this expert, the firm spreads the costs among
all other clients in the group. If Law firm has 10
clients being represented in similar litigation, each
client is charged $100 of the expert fee instead of
the first client being charged $1,000. Client agrees to
common benefit expenses being charged.
MDL Fees and Costs
Law Firm may enter into an agreement with a
Plaintiffs’ Management Committee for a Multi-District
Litigation (MDL) established to obtain information
against multiple Defendants. Only if Law Firm enters
into this agreement, Client agrees to pay a percentage
of the gross settlement of every case they handle (if permitted by
the Court), which percentage is generally two to three percent of
the gross settlement. If this MDL assessment is
charged, Law Firm typical pays half the assessment out
of our attorney’s fees and half the assessment may be
charged to our clients as a cost of litigation.
Those issues both relate the pitfalls of being
expected to investigate a medical malpractice claim,
and the potential to be assessed an MDL fee down the
road.
