Attorney Negotiates Unfavorable High-Low Agreement for Client
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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
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.
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.
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.

E-033142
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About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
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