Section 6865 - Limitation on attorney's fees(a) The amount of the claimant's attorney's fees may not exceed the amounts in the following schedule: (1) 35% of the first $100,000 of damages;(2) 25% of the next $100,000 of damages;(3) 10% of the balance of any awarded damages.(b) Notwithstanding subsection (a) of this section, a claimant has the right to elect to pay for the attorney's services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment.60 Del. Laws, c. 373, § 1.;