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Family Law Practice to Financial Assistance to Client



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Family Law Practice
Fees and Costs
Files
Financial Assistance to Client


Family Law Practice

Assistant state attorney representing in divorce husband against whom state attorney has brought support proceedings 66-13
Communications with opposing party 77-5
Contempt proceedings to enforce court-awarded fee 65-8
Contingent fees 87-3
Continuing to represent wife in post-dissolution proceedings after husband joins group represented by partner 85-1
Duty to continue representation to pursue post-judgment remedies 77-5
Fees
    Awards 87-3
    Contingent     87-3
    Subordinating right to enforce fee award to needs of client     65-8
Intermediary in private adoption 85-2
Lawyer's wife testifying on behalf of client on child custody 61-31
Post-judgment
    Communications with opposing party 77-5
    Remedies, duty to represent client in pursuing     77-5
Preparing answer for signature of opposing, unrepresented spouse 66-8
Private adoptions 68-31, 85-2
Reducing to writing terms of property settlement agreement reached between client and unrepresented spouse 66-8
Representing
    Both spouses in divorce 60-9, 71-45, 71-45 Rec.
    Husband in divorce after representing both spouses in other matters     73-3
    One spouse in obtaining dissolution after holding settlement discussions with both     79-7, 79-7 REC
    Wives in two support cases when efforts on behalf of one will adversely affect other     77-23
Settlement agreements 66-8, 79-7, 79-7 REC
Subordinating right to enforce fee award to needs of client 65-8
Switching sides in divorce action 60-9
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Fees and Costs

Accounts receivable assigned to corporation owned by law firm 95-3
Account receivable representing fees assigned to third party 72-43
Advances to clients. See Financial Assistance to Clients .
Applying funds received on behalf of client
    In one case to fees owed for another case 62-15
    To satisfy judgment for fees     82-2, 87-12
Assignment of
    Accounts receivable representing attorney's fees 72-43, 95-3
    Client's cash bond taken by criminal defense attorney as security for fixed fee     71-19
Awards 60-33, 67-1, 70-56, 73-6, 87-3, 87-8
Barter exchange 84-2
Billing nonlawyer time separately to client 75-29, Consol. 76-33 & 76-38, 07-2
Charging lien. See Liens .
Collection
    Assigning accounts receivable representing fees 72-43, 95-3
    Collection agency used when fees delinquent     81-3, 95-3
    Contempt proceedings to enforce court-awarded fee     65-8, 88-1
    Filing suit to resolve fee dispute with insurance carrier     61-33
    Reporting former client to credit reporting service     90-2
    Representing own firm in suit against client for fees     84-4
    Subordinating right to enforce fee award to needs of client     65-8, 88-1
    Suing client to recover fee     84-4, 88-1
    Writ of execution against former client's stock certificate in attorney's possession     71-67
Condemnation cases
    Contingent fee in addition to court-awarded fee 67-1
    Statutory attorney's fee collected by lawyer on annual retainer 60-33
Contempt proceedings to enforce court-awarded fee 65-8, 88-1
Contingent fees
    Choice of contingent fee contracts offered to client 87-4
    Condemnation cases     67-1
    Consulting firm that is paid contingent fee providing expert witness     98-1
    Criminal cases     70-12, 80-5
    Discharged attorney's compensation     76-29, 88-11, 88-11 Rec.
    Dissolution of marriage cases     87-3
    Dividing with lawyer who served as witness     68-19
    Improper to form law firm to evade applicability of fee division rule     93-6, 93-7
    Maximum fee schedule, applicability of     88-10
    Personal injury cases     87-4, 88-10, 88-11, 88-11 Rec.
    Refund of fee in criminal case if post-conviction relief not obtained     80-5
    Statement of client rights     88-10
    Varying contingent fee percentage depending on whether lawyer handles client's medical bills     87-4
Costs and Expenses
    Agreement to pay fees and costs assessed to a client 96-3
    Agreement to unconditionally be responsible for client's litigation costs     96-1
    Cost of copying file     88-11 Rec., 00-3
    Expert witness' fee     67-44, 72-27
    Indemnifying bonding company for losses client fails to reimburse     70-8
    Legal services financing plan sponsored by local bar and banks     67-46
    Loan company loans money to clients if attorney acts as trustee for company     92-6
    Loans from advance funding companies for clients' personal expenses     00-3
    Medical witness' fee     72-27
    Nonlawyer time     75-29, 76-33 and 76-38 Consol .
    Refusing to turn over file when costs not reimbursed     71-57, 88-11, 88-11 Rec.
    Revolving fund established by bar group to make loans to needy plaintiffs     61-29
Credit card plans 76-37
Credit reporting service used when fees delinquent 90-2
Criminal cases Delinquent fees
    Affidavit filed in public record to embarrass former client into paying delinquent fee 74-30
    Charging interest     68-21, 71-26, 86-2
    Collection agency used to collect     81-3, 95-3
    List of clients delinquent in payment of fees maintained by local bar     64-66
    Reporting former client to credit reporting service     90-2
    Retaining liens     62-71, 65-10, 68-21, 68-37, 70-17, 71-67, 82-2, 87-12
    Suing client to recover fee     84-4, 88-1
Discharged attorneys Division of fees
    Agreement by group of attorneys not partners to divide fee if one of them probates will drafted by another of them 66-37
    Attorney who has resigned from Florida Bar     90-3
    Attorney who leaves firm     94-1
    Attorney who served only as witness     68-19
    Basis for division     73-2
    Bonus to nonlawyer employee     02-1
    Client     60-33, 70-56, 87-8
    Conflict of interest, basis for division when present     62-57, 73-2, 89-1, 02-3
    Disbarred lawyer     65-21, 66-20, 90-3
    Duty to advise client of fee arrangement with referring attorney     90-3, 90-8
    Estate of deceased lawyer     74-47
    Improper to form law firm to evade applicability of fee division rule     93-6, 93-7
    In-house counsel     70-56, 87-8
    Nonlawyers     62-18, 64-29, 84-2, 89-4, 92-3, 94-6, 95-1, 95-2, 97-3
    Of Counsel attorney     94-7, 00-1
    Out-of-state attorneys     62-3, 88-10, 90-8
    Referral fees. See below.
    Retiring sole practitioner and lawyer taking over cases     74-47, 77-1
    Salary of corporate manager reduced in proportion to fees earned in private practice     62-7
    Sale of Law Practice     03-1
    Suspended co-counsel     72-16
    Temporary placement agency     88-12
File withheld by discharged attorney when costs not reimbursed 71-57, 88-11, 88-11 Rec.
Filing suit to resolve fee dispute with insurance carrier 61-33
Flat fees
    Handling closings for mortgage lender for fixed monthly compensation 66-29
    Per case to defend insured     98-2
Payment for services as well as costs, deposit into trust account 93-2
In-house counsel
    Bank's attorney requesting fee award 87-8
    Salaried corporate counsel requesting court-awarded fees in collection cases     70-56
Interest charged on fees and costs 68-21, 8-61, 70-12, 71-26, 86-2
Legal aid lawyer requesting court-awarded fee 73-6
Legal fee insurance company owned by lawyers 73-17
Liens. See Liens .
Nonlawyer staff's time billed separately 75-29, Consol. 76-33 & 76-38
Nonrefundable fee 93-2
Note for fee bearing interest 68-61
Of Counsel, division of fee with 94-7, 00-1
Outsourcing 07-2
Probate fee set in client's will 64-15
Promissory note and mortgage taken to secure fee 68-61, 70-12
Referral fees Retainers
    Defined 93-2
    Lawyer on annual retainer collecting court-awarded fee and paying over to client     60-33
Retaining lien. See Liens .
Secretarial services charged to client separately 75-29
Services provided for nominal fee to savings and loan in return for receiving title examination work 64-58
Set fee per case to defend insured 98-2
Space-sharing lawyers executing affidavits for each other as to reasonable attorney fees 77-3
Suing client to recover fee 84-4, 88-1
Third-party compensation Time of nonlawyer billed separately to client 75-29, Consol. 76-33 & 76-38, 07-2
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Files

Cost of copying file 88-11 Rec., 00-3
Disposition
    Associate leaving firm 93-4
    Closing law practice     74-43, 77-1, 81-8
    Deceased attorney's files     74-43
    Dissolving law firm     71-62
    Partner withdrawing from firm     69-1
Electronic records 06-1
How long to keep 63-3, 81-8
Property of lawyer rather than client 88-11, 88-11 Rec.
Retaining liens 71-57, 88-11, 88-11 Rec.
Technology, use of 10-2
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Financial Assistance to Client

Agreement to be unconditionally responsible for client's litigation costs 96-1
Agreement to pay fees and costs asssessed to client 96-3
Expert witness fees 67-44, 72-27
Fund financed by contributions from attorneys to provide loans secured by assignment of accident claims 61-29, 68-15
Helping real estate clients obtain loans 64-77
Indemnifying bond company for losses not reimbursed by client 70-8
Legal services financing plan sponsored by county bar and financial institutions 67-46
Living expenses
    Advance funding company providing assistance in exchange for interest in clients proceeds 00-3
    Helping client get financial assistance     65-39, 00-3
    Loan company loans money to clients if attorney acts as trustee for company     92-6
    Loan company making loans if lawyer and client sign agreement to repay loan from settlement proceeds     75-24, 00-3
    Loan to client     65-39, 00-3
    Revolving fund provided by lawyers to assist needy plaintiffs     61-29


[Revised: 03-27-2013]