VOL. 111 | NO. 189 | Thursday, October 9, 1997
The Memphis/Mid-South chapter of the Federal Bar Association and the U
The Memphis/Mid-South chapter of the Federal Bar Association and the U.S. District Court for the Western District of Tennessee will co-sponsor a continuing legal education seminar on Oct. 16 from 1:30 p.m. to 4:30 p.m. at the U.S. courthouse. Louis Marcus of Magibox and Bruce Kramer of Borod & Kramer will present "Practicing Law in the Computer Information Age: The Internet and Legal Ethics." The cost is $45 for FBA members and $50 for nonmembers. The program is approved for 1.5 hours of ethics credit and 1.5 hours of dual credit. To register, call Delaine Smith at 756-1550.
The Tennessee Supreme Court has denied Memphis lawyer James S. Coxs application for permission to appeal a decision of the Court of Appeals which rendered judgment against him for $37,500 plus interest from June 1991. The suit was brought in 1987 by Coxs former client William P. Newton who alleged Cox overcharged him in a medical malpractice claim in violation of a state law that limits contingency fees in malpractice cases to one-third. Cox charged Newton and his former wife 50 percent. Cox had unsuccessfully argued in an earlier appeal to the Supreme Court the law was unconstitutional. The Supreme Court held in 1994 the law was constitutional and permitted a client to void fee contracts which violated the statute. On remand in 1995 to the Shelby County Chancery Court, chancellor Joe Morris of Jackson reduced damages to $28,125, giving Cox credit for a portion of the excess fee which was charged to Newtons ex-wife who was not a party to the action. Morris denied the award of any interest except that accruing after his most recent order. The Court of Appeals ruled it would be inequitable to allow Cox to reap the benefit of money he wrongfully retained and ruled interest should accrue from the date of the original judgment. Newton was represented by James F. Schaeffer Jr.
The Memphis Bar Association will sponsor a seminar on collection analysis on Oct. 17 from 1:30 p.m. to 4:45 p.m. The seminar offers three hours of continuing education credit. The cost is $75 for MBA members and $85 for nonmembers before Wednesday.