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867 N.E.2d 148

In Re Stephens

Indiana Supreme Court

Decided May 31, 2007

Indiana Supreme Court · decided 2007-05-31

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-31

How this case has been cited

Cited by 16 later decisions — most recently March 2021

16 state decisions

130200720102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SHEPARD, Chief Justice,

¶1concurring in result.

¶2It is far from clear that today’s per curiam represents the best policy for determining reasonable fees at the intersection of Rule 1.5 and the medical malpractice statute. This process has morphed from an agreed-sanction disciplinary case into something that looks much like rule-making, except that it has lacked many of the steps thought useful for good rule-making. Partly for this reason, it does not answer a good many questions important to the topic. I join in the outcome largely because the submissions of the Indiana Trial Lawyers Association, especially the brief and the several affidavits, have been so persuasive and the per curiam tracks their request. And because the defendants against whom they file claims (and their associations and related institutions with apparent stake in the outcome) have elected to stand silent, and our Disciplinary Commission has found itself in the awkward position of noting the interests of a client it does not represent, the General Assembly.

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