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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
    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
    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
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: 07-08-2013]