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  • Rule would limit malpractice fees

    first_imgRule would limit malpractice fees May 1, 2005 Managing Editor Regular News Rule would limit malpractice fees Mark D. Killian Managing Editor The Florida Medical Association has directed its attorney to file a petition with the Supreme Court to conform the Rules of Professional Conduct to the provisions set forth in Amendment 3, which limits contingency fees in medical malpractice cases to 30 percent of the first $250,000 awarded, not including costs, and to 10 percent above that.“Some lawyers have suggested that because the amendment is a constitutional provision, the client may waive its requirement and agree to a higher contingent fee than permitted by the amendment,” FMA’s lawyer, Stephen Grimes, wrote in the petition that was also signed by 53 other Florida lawyers that will be filed June 29 with the Supreme Court asking for the rule change. “Such a suggestion would have the lawyer negotiating with the client in order to have the client agree to give up his constitutional right in order that the lawyer may receive a higher fee,” Grimes wrote. “To permit such a practice would not only put the lawyer in an unethical position but fly in the face of the constitutional mandate overwhelmingly approved by the voters of Florida.”Alexander Clem, president of the Academy of Florida Trial Lawyers, said while the petition comes as no surprise, he is unaware of any other instances where citizens are unable to waive a constitutional right.“It gets down to the fundamental freedom of contract issue,” Clem said. “It is a federal constitutional right to contract as that person sees fit and it has always been a client’s privilege to waive rights that are granted to them under. . . federal and state constitutions.“Our position is that if a client chooses to waive his or her rights under Amendment 3, it is their privilege,” Clem said.The petition would amend Rule 4-1.5(f)(4)(b) by the addition of subdivision (iii) as follows:Notwithstanding the preceding provisions of subdivision (B), in medical liability cases, attorney fees shall not exceed the following percentages of all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants:a. Thirty percent (30%) of the first $250,000.b. Ten percent (10%) of all damages in excess of $250,000.Bar rules allow any 50 members in good standing to petition the court for rules amendments, provided the amendments proposed are filed with the Bar at least 90 days before the petition is filed with the court and are published in the News at least 30 days before the petition in filed. (See Notice, page 2.)Grimes said the Florida Medical Association asked him to use the 50 member rule to petition for the change instead of going through the Board of Governors because the FMA feels the amendment “will be pretty contentious within the Bar association itself. . . and probably this would be the best way to get it up or down with the Supreme Court.”last_img read more

  • Find your voice as a board member

    first_img“A credit union is not an ordinary financial concern… it is the expression in the field of economics of a high social ideal.”– Alphonse DesjardinsThe credit union movement has seen some significant changes since the days of figures like Alphonse Desjardins at the turn of the 20th century. One thing that’s never changed, however, is the need for informed, passionate voices to motivate, mobilize and drive real change.Credit union board members play an integral role in filling this need. As an active board member, you’re uniquely positioned to advocate for both your organization and other credit unions across the country. Of course, taking your first major steps into the world of credit union advocacy can be intimidating. Fortunately, board members have a wide array of resources available to become more involved in the dynamic world of credit union advocacy.Become more active in the credit union communityTo fully immerse yourself within the credit union movement, its culture and philosophy, you can’t beat the largest annual credit union advocacy event in the country.CUNA Governmental Affairs Conference (GAC) is hosted every year in Washington D.C., and it’s not just credit union die-hards who take notice. Join in the tradition and Hike the Hill alongside industry leaders, and make sure your congressperson hears about the issues most important to your credit union and our movement. If you want to see as well as take part in an event felt throughout Washington and the rest of the country, set aside March 10-14, 2019 in your calendar and start making plans to attend.You can become more active at home in your community as well, encouraging advocacy among your members. CUNA Member Activation Program provides you with the tools to become an effective advocacy leader to your members. Keep up with the latest industry issuesStaying active in advocacy is critical but staying informed is what makes your actions effective. The credit union industry moves fast and knowing your way around current hot-button issues can be difficult when you have limited time to research.Fortunately, you can receive daily news and information through CUNA News to help you stay one step ahead. For a board-focused angle on current industry events, add Credit Union Directors Newsletter to your reading list.Find your footing and unique voiceOne of the greatest things about our movement is our ability to come together to deliver a unified message, and each individual voice brings its own nuance and perspective to the whole.Finding the answers to challenging questions in our industry will never be easy, but by working together year-round and sharing insights, board members can innovate and inspire as a group and as individuals. Discovering the right community to bring out your best can take time. Start by checking out CUNA Credit Union Board of Directors Community, a diverse and growing network of active board members.The first step is always the hardestWith so much to do and so many options available, deciding where to start is sometimes the greatest challenge of all. Once you build up momentum, though, the rest is sure to follow.Get involved today. To begin your personal journey to stronger credit union leadership and advocacy, visit cuna.org/board. 4SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more