Money for nothing?

January 25, 2010
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There’s an interesting case playing out in Kentucky involving a dispute over attorney’s fees. Two lawyers, who didn’t work on the bad-faith claim against a doctor’s insurer, argue they should get a cut of the fees because they originally signed up the plaintiff when she sued her doctor for medical malpractice.

William McMurry and Mark Bryant each want 15 percent of the $1.7 million in attorney’s fees stemming from a suit against Debbie Daniels’ doctor’s insurer for refusing to engage in settlement discussions.

Daniels originally went to Bryant, asking him to represent her in her medical malpractice claim against her doctor; he referred her to McMurry. She signed a contract with him to pursue a claim for damages for medical negligence. But 6 months later, Daniels claimed McMurry told her it would be too time-consuming and expensive to handle her case. Hans Poppe, who had worked with McMurry’s firm but had left by this point, told Daniels he’d represent her.

He got a settlement for the malpractice claims and sent a cut to the two attorneys. Poppe didn’t tell McMurry or Bryant that he was going to pursue the bad-faith claims against the insurer. Poppe claimed he didn’t say anything because it would violate attorney-client privilege.

Now McMurry and Bryant have sued to get what they believe is their cut of the attorney’s fees won in the bad-faith suit. They argue the suit is tied to the original medical malpractice suit.

Kentucky ethics rules allow a referring lawyer to collect a finder’s fee as long as it’s a reasonable fee and the referring lawyer remains responsible for any legal malpractice in the case, according to a University of Kentucky law professor.

The issue then becomes whether the bad-faith case was pursued separately. The case went to trial Jan. 22 and is expected to end today.

Poppe told a Louisville newspaper that the two attorneys are like bank robbers trying to “parachute in” and claim a stake in the fee, and that he fears their demands “unfortunately adds to the negative stereotype of lawyers looking for something for nothing.”

What do you think about Poppe’s comments? Is he right that these attorneys are trying to get money for work they didn’t do, or are they rightfully entitled to the fees? Are McMurry and Bryant really reinforcing a negative stereotype of lawyers?
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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