Some cases need a lawyer who has tried them: a malpractice claim that must survive presuit and an expert's deposition, a civil rights case headed for a qualified-immunity appeal, a catastrophic injury case the insurer will not value until the courtroom is in view.
William M. Powell has tried medical negligence, civil rights, class action and complex injury cases in Florida's state courts and in federal court for more than four decades, and has recovered on behalf of the United States in False Claims Act litigation. He works with referring and co-counsel attorneys in a way that respects their relationship with the client and keeps them informed.
Matters the firm accepts
- Medical malpractice — chapter 766 presuit through trial, including anesthesia, surgical, diagnostic, obstetrical and nursing cases, and nursing home and assisted living claims
- Catastrophic injury and wrongful death — vehicle, trucking, boating, premises and negligent security cases with significant damages
- Aviation accidents — Mr. Powell is a licensed pilot with more than 1,000 hours
- Civil rights — section 1983 actions in the federal courts, including excessive force, false arrest, jail medical neglect and municipal liability
- Product liability — defective medical devices, surgical mesh and dangerous drugs, including matters coordinated in multidistrict litigation
- False Claims Act — qui tam matters prepared and filed in the federal courts
- Trial counsel — cases that are already in litigation and need a lawyer to try them
How a referral or co-counsel arrangement works
- Call. Mr. Powell takes referral calls directly at (239) 540-3333, or write to [email protected]. A conflict check is run before any substantive discussion.
- Evaluation. The firm reviews the file and responds promptly with a candid assessment of liability, damages, deadlines and what the case will require.
- Written agreement. If the case is accepted, the referral or co-counsel arrangement and the division of responsibility are set out in writing, and the client's informed written consent is obtained.
- Fee division. Fees are divided only as permitted by Rule 4-1.5 of the Rules Regulating The Florida Bar and, where applicable, Rule 1.5(e) of the District of Columbia Rules of Professional Conduct. In Florida contingency matters, a referring lawyer ordinarily receives 25 percent of the fee, with the lawyer bearing primary responsibility receiving 75 percent, unless a different division is approved as the rule provides; co-counsel who share the work may agree to a different division consistent with the rule.
- Communication. Referring counsel is kept informed of significant developments and is welcome to participate to the extent agreed.
What the firm brings to a shared case
- Direct handling by Mr. Powell of the strategy, the expert work, the depositions and the trial
- More than four decades of trial work in Florida's state courts and in federal court
- Experience with Florida's medical malpractice presuit process
- Admission in Florida, the District of Columbia and the Supreme Court of the United States, with offices in Fort Myers and Ocala, Florida
- A record that includes a $53,000,000 structured settlement in a pediatric anesthesia case and a $15,000,000 settlement, with co-counsel, in a wrongful death case
Communications with the firm about a prospective referral are treated as confidential. Past results do not guarantee or predict future outcomes; every case is evaluated on its own facts.