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Question: After being injured in an auto accident, Robert Harris saw Dr. Greg Swafford for treatment of his injuries. Harris and Swafford agreed that Swafford would act as a medical/legal consultant and assist in preparing a personal injury lawsuit by Harris in return for 151/3 percent of any recovery. Swafford testified at a deposition and supplied medical consultation and treatment. Harris's personal injury claim was settled for $625,000 and Swafford sued for 151/3 percent. The American Medical Association's (AMA) code of ethics condemns contingency fees for medical services or as payment for a medical witness. The state board that denies, suspends, or revokes doctors' licenses for, among other things, unethical conduct adopted the AMA code as a regulatory policy. Was the agreement a violation of public policy?
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