PURPOSE: To make expectations clear to lawyers who refer cases to us.
RULE #1: CONTACT WITH CLIENT
Clients referred to John H. Fisher, P.C. shall be contacted within 24 hours of the referral.
John H. Fisher, P.C. shall notify our referral partner that we either:
- Contacted client and declined,
- Contacted client and the potential is “under consideration”, or
- Unable to contact client.
If the client is declined, John H. Fisher, P.C. shall send written correspondence (i.e., print letter sent via regular mail) stating that John H. Fisher, P.C. decline to pursue the case and a copy of such correspondence shall be sent to our referral partner.
For cases that are “under consideration”, we will need more information to evaluate the case. Usually this means that we will need to review the medical records and/or consult with a physician.
If we are unable to contact client, the client did not respond to our phone calls and/or emails.
RULE #2: OUR CASE EVALUATION
“Under consideration” cases receive will be evaluated by John H. Fisher AND a physician who is board certified in general surgery. The evaluation of “under consideration” cases involves a review of the medical records and a face-to-face meeting between John H. Fisher and the physician/surgeon.
For “under consideration” cases, you will receive an email specifying the work done on the case. In most cases, our email update will specify that we:
- Obtained the medical records,
- Reviewed the records with a physician/surgeon, and
- Our expert’s opinion regarding the merit of the case.
With our Case Evaluation, you will be able to address the specifics of the case with your client and the reasons that we cannot accept the case. Your client might not be happy about our decision, but they will know that we did a thorough job evaluating their case.
RULE #3: RETAINER AGREEMENT
Upon acceptance of a case (i.e., a lawsuit will be filed), you will receive a Retainer Agreement and a Memorandum Concerning the Division of the Fee.
John H. Fisher, P.C. shall enter into a retainer agreement with the client which complies with the New York Rules of Professional Conduct. A retainer agreement similar to the attached is acceptable. The Retainer Agreement will specify that the case was referred to us by you and that you will share in the division of the legal fee.
The division of the legal fee will be specified in the Memorandum Concerning the Division of the Fee, and a signed copy will be attached to the client’s Retainer Agreement.
RULE #4: STATUS OF THE LAWSUIT
For cases that we accept for litigation, you will be notified when:
- Summons and complaint are filed,
- Trial date is scheduled, and
- Settlement or Judgment
Upon request, we will provide you with a compact disc (“CD”) that contains the complete case file, including the pleadings, discovery responses and demands, deposition transcripts and internal memoranda. Alternatively, we will send the entire case file to you via Dropbox.com.
RULE #5: MALPRACTICE INSURANCE POLICY
Upon request, we will provide you with a copy of our malpractice insurance policy.
RULE #6: SETTLEMENT
John H. Fisher, P.C. will contact our Referral Partner before finalizing the settlement to confirm expenses and liens.
Upon settlement, a copy of the Settlement Statement signed by the client approving the settlement shall accompany the settlement check. The Settlement Statement will reflect the attorneys’ fees, disbursements, liens and the client’s net recovery.
AGREED:
JOHN H. FISHER, P.C.
_____________________________ Dated: ____________________
John H. Fisher
photo credit: OAS Authorities Receive Attorney General of Brazil via photopin (license)
