The following is an important
one of several Rules that may apply if we both agree to our
representation of you (this Rule is for Florida
cases): STATEMENT OF CLIENT'S RIGHTS FOR CONTINGENCY FEES (From
Rules Regulating the Florida Bar, Rule 4-1.5)
Before you, the prospective client, arrange a contingency fee
agreement with a lawyer, you should understand this statement of
your rights as a client. This statement is not a part of the
actual contract between you and your lawyer, but, as a
prospective client, you should be aware of these rights.
1. There is
no legal requirement that a lawyer charge a client a set fee or
a percentage of money recovered in a case. You, the client,
have the right to talk with your lawyer about the proposed fee
and to bargain about the rate or percentage as in any other
contract. If you do not reach an agreement with one lawyer you
may talk with other lawyers.
2. Any
contingency fee contract must be in writing and you have three
(3) business days to reconsider the contract. You may cancel
the contract without any reason if you notify your lawyer in
writing within three (3) business days of signing the contract.
If you withdraw from the contract within the first three (3)
days, you do not owe the lawyer a fee although you may be
responsible for the lawyer's actual costs during that time. But
if your lawyer begins to represent you, your lawyer may not
withdraw from the case without giving you notice, delivering the
necessary papers to you, and allowing you time to employ another
lawyer. Often, your lawyer must obtain court approval before
withdrawing from a case. If you discharge your lawyer without
good cause after the 3-day period, you may have to pay a fee for
the work the lawyer has done.
3. Before
hiring a lawyer, you, the client, have the right to know about
the lawyer's education, training and experience. If you ask,
the lawyer should tell you specifically about the lawyer's
actual experience dealing with cases similar to yours. If you
ask, the lawyer should provide information about specific
training or knowledge and give you this information in writing
if you request it.
4. Before
signing a contingent fee contract with you, a lawyer must advise
you whether the lawyer intends to handle your case alone or
whether other lawyers will be helping with the case. If your
lawyer intends to refer the case to other lawyers, the lawyer
should tell you what kind of fee sharing arrangement will be
made with the other lawyers. If lawyers from different law
firms will represent you, at least one lawyer from each law firm
must sign the contingent fee contract.
5. If your
lawyer intends to refer your case to another lawyer or counsel
with other lawyers, your lawyer should tell you about that at
the beginning. If your lawyer takes the case and later decides
to refer it to another lawyer or to associate with other
lawyers, you should sign a new contract that includes the new
lawyers. You, the client, also have the right to consult with
each lawyer working on your case and each lawyer is legally
responsible to represent your interest and is legally
responsible for the acts of other lawyers involved in the case.
6. You, the
client, have the right to know in advance how you will need to
pay the expenses and the legal fees at the end of the case. If
you pay a deposit in advance for costs, you may ask reasonable
questions about how the money will be or has been spent and how
much of it remains unspent. Your lawyer should give a
reasonable estimate about future necessary costs. If your
lawyer agrees to lend or advance you money to prepare or
research the case, you have the right to know periodically how
much money your lawyer has spent on your behalf. You also have
the right to decide, after consulting with your lawyer, how much
money is to be spent to prepare a case. If you pay the
expenses, you have the right to decide how much to spend. Your
lawyer should also inform you whether the fee will be based on
the gross amount recovered or the amount recovered minus the
costs.
7. You, the client, have the right
to be told by your lawyer about possible adverse consequences if
you lose the case. Those adverse consequences might include
money which you might have to pay to your lawyer for costs and
the liability you might have for attorney's fees to the other
side.
8. You, the client, have the right
to receive and approve a closing statement at the end of the
case before you pay any money. The statement must list all of
the financial details of the entire case, including the amount
recovered, all expenses, and a precise statement of your
lawyer's fee. Until you approve the closing statement, you need
not pay any money to anyone, including your lawyer. You also
have the right to have every lawyer or law firm working on your
case sign this closing statement.
9. You, the
client, have the right to ask your lawyer at reasonable
intervals how the case is progressing and to have these
questions answered to the best of your lawyer's ability.
10. You, the
client, have the right to make the final decision regarding
settlement of a case. Your lawyer must notify you of all offers
of settlement before and after the trial. Offers during the
trial must be immediately communicated and you should consult
with your lawyer regarding whether to accept a settlement.
However, you must make the final decision to accept or reject a
settlement.
11. If at any
time, you, the client, believe that your lawyer has charged an
excessive or illegal fee, you have the right to report the
matter to The Florida Bar, the agency that oversees the practice
and behavior of all lawyers in Florida. For information on how
to reach The Florida Bar, call (800) 342-8060, or contact the
local bar association. Any disagreement between you and your
lawyer about a fee can be taken to court and you may wish to
hire another lawyer to help you resolve this disagreement.
Usually fee disputes must be handled in a separate lawsuit,
unless your fee contract provides for arbitration. You can
request, but may not require, that a provision for arbitration
(under Chapter 682, Florida Statutes, or under the fee
arbitration rule of the Rules Regulating The Florida Bar) be
included in your fee contract.
DATED this at ______ this
____________ day of ____________________________
_________________________________
________________________________
CLIENT
SIGNATURE
ATTORNEY SIGNATURE
The hiring of a lawyer is an important
decision that should not be based solely upon advertisements.
Before you decide, ask us to send you free written information
about our qualifications and experience.
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