Gail Parenti - Monday, January 16, 2006 11:41 AM
Thank you for the opportunity to comment on the proposed amendment to Bar Rule 4-1.5(f)(4)(B) to implement Amendment 3.
The only meaningful waiver of the right conveyed by Amendment 3 is one which follows a written explanation of the impact of the waiver on those rights, using an illustration which "does the math." Such an illustration would say, in effect: "Under the constitution, if you receive a $2 million settlement, I am entitled to recover only $250,000 in attorney's fees. However, if you sign this waiver, I would be entitled to recover up to $700,000, which is a difference to you of $450,000."
There are many instances in consumer legislation where such detailed disclosure is mandatory, in situations involving far less money. It is difficult to conceive of a justification for not requiring similarly detailed disclosure in the context of seeking a waiver of a constitutional right.
Gail Leverett Parenti
Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A.
Coral Gables, Florida
Phone: (305) 447-6500