Attorney Negotiates Unfavorable High-Low Agreement for Client

ByJoseph O'Neill

Updated on

Attorney Negotiates Unfavorable High-Low Agreement for Client

Case Overview

This commercial law case involves a poorly advised high-low agreement in Vermont. Without the the plaintiff’s consent, the defendant attorney entered into an agreement that limited the recoverable damages in his client’s case significantly. The resulting verdict in the case was well over one million dollars. Due to the nature of the high-low agreement, the attorney’s client only received a fraction of the total award. The attorney also incurred a number of expenses while pursuing the case, which did more to reduce the total recovery that the plaintiff received after the case was concluded. In addition to the high-low agreement, the attorney also reached an agreement with the medical center that treated the plaintiff’s injuries for the payment of medical expenses. Ultimately, the only person who benefited from the agreement was the attorney, who had his expenses covered.

Questions to the Law Enforcement expert and their responses

Q1

Do you have extensive experience working on similar malpractice cases?

I have experience testifying as an expert, but am yet to work on a malpractice case.

Q2

Please explain your experience with high low agreements?

I have substantial academic experience with high-low agreements; I have written papers and have done extensive empirical work on the subject. I have also considered the underlying economic issues, including agency problems, created by these agreements.

Q3

Do you have experience working reviewing cases and serving as an expert witness?

I have experience testifying as an expert.

About the expert

This expert's research interests revolve around criminal law, sentencing law and reform, employment law, and the dynamics of civil litigation, particularly settlement; he is currently investigating the nature and repercussions of partial settlements in civil litigation. He earned his JD, magna cum laude, from Harvard Law School, where he was the treasurer and an editor of the Harvard Law Review; he went on to earn a PhD in economics from the Massachusetts Institute of Technology.

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About the author

Joseph O'Neill

Joseph O'Neill

Joe is a seasoned expert in online journalism and technical writing, with a wealth of experience covering a diverse range of legal topics. His areas of expertise include personal injury, medical malpractice, mass torts, consumer litigation, and commercial litigation. During his nearly six years at Expert Institute, Joe honed his skills and knowledge, culminating in his role as Director of Marketing. He developed a deep understanding of the intricacies of expert witness testimony and its implications in various legal contexts. His contributions significantly enhanced the company's marketing strategies and visibility within the legal community. Joe's extensive background in legal topics makes him a valuable resource for understanding the complexities of expert witness involvement in litigation. He is a graduate of Dickinson College.

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