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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113373
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In a wrongful death case, is it ethical to want to use the

Customer Question

In a wrongful death case, is it ethical for lawyer to want to use the per diem fee structure, this is done to avoid the limitation statute posed by 18 Del. C. 6856,it has been two year since we hiered him ,so as to charge a higher.interest
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Delaware law limits the contingency fee attorneys may collect in medical malpractice claims to 35 percent of the first $ 100,000 in damages, 25 percent of the next $ 100,000, and 10 percent of any remaining award. See: Del. Code Ann. tit. 18, § 6865. However, DE law also states that a party may also agree and choose to pay his attorney on a per diem basis if a written contract providing for such compensation is drafted at the time he is retained.
So, if the party did not agree to the per diem at the time the attorney was retained, then the attorney cannot just change that to now try to circumvent the cap on fees.