Guardian Challenges Firm’s Fee Waiver Practice

A guardian ad litem appointed to protect the legal interests of an 80-year-old woman is challenging the fee arrangement her relatives signed with the Memphis law firm of Wilkes & McHugh. Although state law caps contingency fees at one-third of the recovery in medical malpractice cases, the firm had the woman’s relatives sign a waiver allowing a fee of up to 40 percent of any recovery, with an extra five percent allowed if the case was decided on appeal. The guardian, Robert Hutton, says he also wants to look into fee arrangements in 21 other medical malpractice cases the firm has filed since January 2009. The firm's lead attorney on the case did not return a telephone call from the Commercial Appeal, but said in court papers that he never intended to use contingency fee agreements to seek excessive fees.