Articles
THE STRANGE CASE OF THE UM/UIM ARBITRATION
- Published in The Advocate June 2011
Article Summary
There are many strange twists and turns in handling Uninsured and Underinsured Motorist Arbitrations. This article highlights some of the unique nuances in handling these arbitrations and suggests a model for an agreement to use certain statutes and rules in addition to Insurance Code ยง11580.2. With adequate planning, agreement of counsel at the outset, and knowledge of the unique rules, an insured can effectively bring a UM/UIM case to arbitration quickly, efficiently and successfully.
"Increased Mileage" agreement allows the attorney and client to go those extra miles to obtain a great result.
- Published in Plaintiff Magazine June 2011
Article Summary
More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency fee agreement is not well suited for business litigation. A reasonable alternative is a "hybrid" fee agreement wherein the attorney is paid a reduced hourly rate, along with a contingency fee. However, drafting such a "hybrid" fee agreement can be more difficult than counsel might think. A mutually beneficial agreement can be reached if counsel pays close attention to the applicable Rules of Professional Conduct concerning charging liens and contingency fees. In addition, because many business cases potentially involve the award of attorney fees, how those awards will be handled are of critical importance.