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ATTORNEY FOR THE RESPONDENT Marce Gonzalez Merrillville, Indiana ATTORNEYS FOR AMICUS CURIAE, INDIANA TRIAL LAWYERS ASSOCIATION Karl L. Mulvaney Nana Quay-Smith Indianapolis, Indiana

ATTORNEYS FOR THE INDIANA SUPREME COURT DISCIPLINARY COMMISSION Donald R. Lundberg, Executive Secretary Gregory N. Anderson, Staff Attorney Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 45S00-0505-DI-244 IN THE MATTER OF DANIEL B. STEPHENS, _________________________________ Attorney Discipline Action Opinion on the Motion to Intervene by the Indiana Trial Lawyers Association _________________________________ RESPONDENT.

May 31, 2007 Per Curiam.

On August 11, 2006, this Court approved a "Statement of Circumstances and Conditional Agreement for Discipline" under which Respondent received a public reprimand for violation of Indiana Professional Conduct Rules 1.5(a) and 1.8(a) for his fee arrangement with a client in a medical malpractice action. See In re Stephens, 851 N.E.2d 1256 (Ind. 2006) ("Stephens I"). Pending before the Court is the "Verified Motion for Leave to Intervene and/or Appear as Amicus Curiae by the Indiana Trial Lawyers Association and Request for Stay" ("Motion to Intervene") filed on September 11, 2006, urging the Court to reconsider its conclusion that Respondent had improperly attempted to circumvent the limitation on attorney fees recoverable under the Indiana

Medical Malpractice Act ("MMA") from the Patient Compensation Fund ("Fund"). The Court now permits the Indiana Trial Lawyers Association ("ITLA") to intervene and issues this opinion addressing contingent fees in medical malpractice cases.

I. Background

At the times relevant to this case, the MMA provided that a patient's damages were capped at $500,000, the initial $100,000 were to be paid by the health care provider or its insurer, and damages in excess of $100,000 were to be paid from the Fund. The MMA also provided (as it does today) that a lawyer's recovery from the Fund was (and is) limited to 15% of the amount the client recovers from the Fund. See Ind. Code

Download In Re Daniel B. Stephens.pdf

Indiana Law