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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. 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?

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