This was a skit based on the board game, Operation. The plot centers around an incident of medical malpractice. In Act 1, the medical malpractice occurs, and then two plaintiff attorneys later meet with the victim and compete to get the case. The focus of this Act is whether each attorney engaged in improper solicitation based on how they come into contact with the victim, which triggers discussion of the ethical rules in this regard. In Act 2, the victim needs financial assistance shortly after suit has been filed, and one of the attorneys offers to loan the victim money personally, while the attorney is still actively representing the victim in the malpractice suit. This triggers discussion of the ethical constraints on attorneys providing an existing client with financial assistance. Ultimately, the victim is directed by their other attorney to get a loan from a litigation funding company, which sets up the substantive considerations that are illustrated in Act 3. The setting for Act 3 is a mediation for the malpractice suit, and the litigation funder is present at the mediation. The litigation funder attempts to block the settlement that the plaintiff and the defendant eventually agree on at the mediation conference. This is because the funding agreement gives the funder the ability to do so. This triggers the ethical rule on self determination of a client in a civil case to have final say whether or not to enter into a settlement agreement, and also opens the door for further discussion of many other potential concerns with litigation funding agreements that are being taken up by courts and legislative bodies around the country at the state and federal levels, which we cover in the third moderation session. Each moderation session in the program focuses both on the applicable Florida Rule of Professional Conduct as well as the corresponding ABA Model Rule. To better engage the audience the skit was replete with pop culture characters and references.
Presented By: The Craig S. Barnard American Inn of Court (30054)
Presented: March, 2023
Topic Areas: Medical Malpractice, Litigation Funding, Mediation, Professionalism, Ethics
Materials: Script, Articles, Citations of Law, List of Questions, Handouts, PowerPoint Presentation and Video
CLE Approval: Approved
State: Florida
Hours: 1.0
2023 National Program Awards Placement: Outstanding Program Series
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