Evolution of Euthanasia by Jessica French: Practice Materials

Black's Law Dictionary defines "Attoney's Fees" as: The charge to a client for services performed for the client such as an hourly fee, a flat fee, or a contingent fee. (Black's Law Dictionary 149 (9th Edition 2009)).

• Hourly Fee: Set price for every hour of work put into the case.
• Flat Fee: One price for all work, regardless of time spent.
• Contingent Fee: A fee charged for a awyer's services only if the lawsuit is successful or is favorably settled out of court. Contingent fees are usually calculated as a percentage of the client's net recovery (such as 25% of the recovery if the case is settled, and 33% if won at trial). (Black's Law Dictionary 362 (9th Edition 2009)).

Federal Rules of Civil Procedure, Rule 54: Judgment, Costs

• An attoney can find out what costs are covered other than attorney's fee
• An attorney will be guided on how to recover fees owed.

ABA Model Rule of Professional Conduct: Rule 1.5: Fees

Client-Lawyer Relationship

(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:

(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

(d) A lawyer shall not enter into an arrangement for, charge, or collect:

(e) A division of a fee between lawyers who are not in the same firm may be made only if:

Court challenges to statutes prohibiting assisted suicide

• Thus far, Plaintiffs who have challenged a state statute for prohibiting physician-assisted suicide pursuant to the 14th Amendment have been struck down by the U.S. Supreme Court.  
• Three states have passed laws enabling terminally ill patients to seek a physician's assistance in ending their lives.  Anyone in these states who violates these acts can be held criminally or civilly liable, similar to the states where physician-assisted suicide is illegal.
• Montana had specifically avoided the constitutional issue regarding physician-assisted suicide in Baxter v. Montana.

SEE for Example:

1. 22 Ill. Prac.,The Law of Medical Practice in Illinois § 39:3 (3d ed.)
2. 15B N.J. Prac., Legal Forms § 37:24 (4th ed.)

Federal

Defendant's Proposed Instructions from 10th Circuit Pattern Criminal Jury Instructions

• U.S. v. Atterbury: 2010 WL 1724010 (D.Kan.) (Jury Instruction)
• U.S. v. Schneider: 2009 WL 3312947 (D.Kan.) (Jury Instruction)

    - - These instructions address the Controlled Substances Act and the intent to distribute, where death resulted, distinguishing between malpractice and a      crime, locality rules, health care fraud, and good faith. 

Example of a State where Physician Assisted Suicide is Illegal:

Michigan Non-Standard Jury Instr. Criminal § 25:21: Assisted suicide

• This instruction is based on Michigan Statute §752.1027: Criminal Assistance to Suicide:
• "If you find that the defendant [prescribed, dispensed or administered] medications or procedures with the intent to relieve pain or discomfort and not with the intent to cause death you must return a verdict of not guilty, even if the medication or procedure hastened or increased the risk of death."