Verified Document

High Risk And Consent Case Study

Related Topics:

¶ … Columbia Rules of Professional Conduct (RPC) Fee splitting Agreement between Mr. Dark and Mr. Pasada

(i) Is the fee-splitting agreement between Mr. Pasada and Mr. Dark enforceable?

No, unfortunately for Mr. Pasada the fee-splitting agreement is not enforceable under Rule 701.2 (g) of the Columbia Rules of Professional Conduct (RPC). This rule is intended to protect the client and is not the right argument to be made for a lawyer's protection by Mr. Pasada in these circumstances.

(ii) Did the letter signed by Mr. Tomas constitute consent?

No, this letter does not constitute consent. Mr. Tomas's signature on the letter merely acknowledges that he received it, read it, and understood its contents. The letter does not ask for consent to the agreement, nor does it imply that Mr. Tomas has consented in any way; it merely established that the letter was received.

What was the legal effect of the memo from Mr. Pasada to Mr. Dark?

Although this memo does...

The letter does document the fact that Mr. Tomas understood and verbally approved of the arrangement, however the Rule explicitly calls for the written consent by the client and verbal consent alone does not fulfill this requirement.
(iii) Was the fee-splitting agreement unconscionable?

No, the fee-splitting agreement with Mr. Thomas was not unconscionable, especially in a lengthy patent case such as this one. Other arrangements that represent a fee-splitting agreement of up to 50% were cited as conscionable given factors such as the lengthy time periods involved, high-risk, and upfront expenses involved in such cases.

(iv) Does Mr. Pasada have any viable defenses or can Mr. Pasada assert any other causes of action against our client?

Yes, Mr. Pasada could make an argument that there is a contractual agreement between the two parties that was never terminated…

Cite this Document:
Copy Bibliography Citation

Related Documents

Discrimination Against High Risk Sex
Words: 7425 Length: 27 Document Type: Research Paper

If police, along with others in society, perceive high risk sex offenders as humans who possess the potential to be rehabilitated, then incidences of possible discrimination against these individuals might decrease. This in turn, the researcher contends, could contribute to incidences of sexual offences being prevented and/or reduced. Even though the researcher never generally cared about how high risk sex offenders felt, the conviction that discrimination is wrong over-rode

Risk Factors to the Onset of Drug Addictions
Words: 2206 Length: 7 Document Type: Case Study

Risk Factors to the Onset of Drug Addiction Drug addiction is one of the subjects whose importance can never be underestimated. Even though this issue is discussed at every forum, the problem persists in the society and needs to be sorted out. It should be noted here that there are always some factors that are common among the people who resort to drug addiction. Some of these factors will be sought

Risk Factors for MRSA in Long-Term Care Facilities
Words: 2999 Length: 8 Document Type: Research Proposal

Looking more generally at how the spread of resistant bacteria has advanced over the last few years one study traces the historical precedence of antibiotic resistant strains of bacteria. This work offers a plethora of good information about the seriousness of the problem with MRSA as well as other less common but equally serious bacterial strains and how antibiotic over-utilization and patient non-compliance has added tot the problem. In Hughes,

Consent in Research Investigations Whenever
Words: 2276 Length: 8 Document Type: Term Paper

Question #5: Yes. Small samples are totally justifiable however, the statistical tool selected to analyze the data must be able to accommodate small sample size. The statistical techniques employed for small sample size is what applied statisticians call "robust statistics" or certain parametric types such as the t Test. Although the parametric tool is more robust that the non-parametric counterpart, parametric statistical tools with real small samples may produce misleading

Risk Management: Improving Communication Amongst
Words: 2012 Length: 6 Document Type: Term Paper

(Smith, 2003) Checking twice, or more than twice may be less important than securing a diversity of views in such an arena. (Smith, 2003) The ability adequately communicate risk levels amongst providers can become difficult. Also, hasty words can create a misperception in the minds of patients, if a doctor speaks too casually. "Science cannot prove a negative, but, where their children are concerned, parents want to be assured that

Failure to Provide Informed Consent Is Usually
Words: 701 Length: 2 Document Type: Research Paper

failure to provide informed consent is usually analyzed under negligence principles. Some states view the standard as to what a reasonable patient would want to know, whereas others view the standard as to what a reasonable physician would provide. Which standard is preferable? Why? The difference between the reasonable patient standard vs. The reasonable physician standard reflects the fact that a layperson's conception of risk is different than the perspective

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now