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Bar panel drafting Amend. 3 waiver seeks comments

December 19, 2020

first_img January 15, 2006 Regular News Bar panel drafting Amend. 3 waiver seeks comments Bar panel drafting Amend. 3 waiver seeks commentscenter_img The Florida Bar special committee that has been ordered by the Supreme Court to draft a rule amendment establishing a procedure whereby a medical liability claimant may waive the rights granted by Amendment 3 — which limits contingency fees in medical malpractice cases — is now accepting comments until the close of business January 17. Acting December 14 in case no. SC05-1150, the court directed that the proposed amendment to Bar Rule 4-1.5(f)(4)(B): • Acknowledge the provisions of Art. 1, §26 of the Florida Constitution. That section contains the limitations approved by voters in November 2004, which sets fees in medical malpractice cases to 30 percent of the first $250,000 and 10 percent above that amount. • Affirm the obligation of an attorney to notify any potential client with a medical liability claim of the provisions of Art. I, §26. • Include a procedure whereby a medical liability claimant may “knowingly and voluntarily waive the rights” granted by Art. 1, §26. The court also said the proposed procedure may involve judicial oversight or review of the waiver and may include a standard waiver form or otherwise provide for the protection of the rights of a potential client. The court ordered the Bar to submit its proposed amendment by February 13. The Bar has asked for an additional 10 days in order to allow for review of the draft amendment by the full Board of Governors. Once the proposal is submitted, it will be published in the News for comment. Earlier last year, former Justice Stephen Grimes and 53 other lawyers filed a rule petition with the court asking it to amend Bar contingency fees rules to conform to Amendment 3. The court held oral arguments on that petition, which drew hundreds of comments (almost all negative) from lawyers and a few nonlawyers, on November 30. (See the December 15 Bar News. ) Other members of the special committee, appointed by President Alan Bookman, include Jamie Moses, Eugene Pettis, Murray Silverstein, Howard Coker, William Hahn, Thomas D. Masterson, Joseph Milton, Randy J. Ogden, Francis E. Pierce III, Herman Russomanno, and Bill Wagner. The committee prefers that comments be submitted via e-mail to Tony Boggs, director of the Bar’s Legal Division, at [email protected] or they may be faxed to (850) 561-5665 no later than January 17.last_img

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