Complicated Ethics Issues in Fee Agreements

Complicated Ethics Issues in Fee Agreements

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Complicated Ethics Issues in Fee Agreements
About the Program

This panel of top attorneys in malpractice and ethics will discuss the complicated issues in fee agreements, including:

– Contingent fees of 50% or more
– Changing fee amounts mid-stream
– Can a contingent fee ever be increased after the initial K is entered?
– Taking a percentage of the client’s income in perpetuity (despite new counsel, new K having been negotiated, and other change of circumstances, can this be shoehorned into an unconscionability argument?)
– Nuances of referral fees; best practices for handling fee disputes
– Requirement of observing MFAA in B&P Code before compelling contractual arbitration
– Arbitration agreements
– When and what do you have to tell the client to seek independent counsel before agreeing (e.g., waiver of a jury trial is an essential right that needs to be carefully considered; that the loser in litigation may pay attorney’s fees)

Speaker(s)
Ellen Pansky

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Principal Pansky Markle Attorneys at Law

Ellen A. Pansky is the founder of Pansky Markle Attorneys at Law, South Pasadena, California, specializing in State Bar disciplinary defense and Bar admissions, legal ethics consultations, professional liability litigation and expert testimony. Ms. Pansky is a California State Bar Certified Legal Malpractice Specialist. Ms. Pansky has had extensive experience before the State Bar Court, and State Superior Courts, and has been admitted to practice before several districts of the U.S. District Court. She is a California State Bar certified MCLE provider. Ms. Pansky is active in the Association of Professional Responsibility Lawyers (President, 1996), which awarded her the prestigious Charles W. Kettlewell Legal Ethics Advisor Award in 2016. Ms. Pansky served as President of the National Association of Women Lawyers (2003). She is an inaugural member of the ABA Center for Professional Responsibility, and she served as a member of the ABA Standing Committee on Ethics and Professional Responsibility. She also was a member of the Editorial Board of the ABA/BNA Lawyers Manual on Professional Conduct (2004-2007). She is a member of the United States District Court, Central District, Standing Committee on Discipline (2008-present). Ms. Pansky served as an Assistant Vice President of the Los Angeles County Bar Association Board of Trustees and is a longstanding member of the L.A.C.B.A Professional Responsibility and Ethics Committee (chair 1996-97).

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Neville Johnson

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Johnson & Johnson LLP

Neville L. Johnson is Senior Partner at Johnson & Johnson. Neville L. Johnson graduated Phi Beta Kappa from the University of California, Berkeley (1971). He received his law degree from Southwestern Law School (1975), graduating near the top of his class. He has tried over 28 civil jury trials and over 70 civil trials and arbitrations without a jury. He is a member of the invitation-only American Board of Trial Advocates (ABOTA) and is on the Board of Governors of the Consumer Attorneys of Los Angeles (CAALA since 2005), the Board of Directors of the national organization Public Justice, and on the Board of Governors of the Beverly Hills Bar Association 2013-2015 and 2020-2022 (BHBA). Johnson is a long-time member of the invitation-only Los Angeles Copyright Society, and on the Board of The California Society of Entertainment Lawyers.

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Marshall Cole

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Nemecek & Cole

Marshall R. Cole is one of Nemecek & Cole’s highly skilled trial attorneys who has extensive experience handling complex and high-profile matters through trial. Named by the Daily Journal as one of the top professional liability attorneys in the State of California, Marshall represents many of the most successful and innovative licensed professionals in the United States through all aspects of litigation. Marshall also handles complex civil litigation matters arising out of real estate disputes, tax matters, sexual harassment claims and contract related disputes. With a proactive, decisive and approachable style, Marshall is known as an incredible problem solver who is able to resolve cases early and efficiently. When matters cannot be resolved, these same skills have allowed Marshall to maintain a consistent track record of obtaining verdicts in favor of his clients at trial. Marshall also donates his time serving as a Volunteer Prosecutor for the City of Inglewood. 

Marshall is routinely called upon to speak at seminars regarding ethics, trial skills and relevant topics in the legal community.

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Accreditation
Credit Hours:
1.00
Specialty Area:
None
Credit Type:
Legal Ethics
Original Air Date:
July 27, 2023
Accredited in:
California
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