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Special Committee: Amendment 3

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Special Committee on Amendment 3

Amendment To The Rules Regulating The Florida Bar Case No. Sc05-1150 - Rule 4-1.5(F)(4)(B) Of The Rules Of Professional Conduct- Notice of Filing

The special committee was created and charged with drafting an amendment to rule 4-1.5 in compliance with an order of the Supreme Court of Florida that imposed the duty of amending contingency fee regulations so that recent constitutional amendments limiting contingency fees in medical liability claims are accommodated.
The court order charges the bar to:
1. An acknowledgement of the provisions of article 1, section 26 of the Florida Constitution;

2. Include an affirmative obligation on the part of an attorney contemplating a contingency fee contract with a potential client to notify any potential client with a medical liability claim of the provisions of article 1, section 26. Such notice provision may include a standard written notice form; and

3. Propose a procedure whereby a medical liability claimant may knowingly and voluntarily waive the rights granted by article 1, section 26. Such a proposed procedure may involve judicial oversight or review of the waiver and may include a standard waiver form or otherwise provide for the protection of the rights of a potential client.

The court order directs the Bar to return a proposed amendment within the next 60 days. The deadline for submitting the proposal is Monday, February 13, 2006.

Reference Materials

Order directing the Bar to propose a rule amendment

Petition of 50 members to amend the rules

Comments of The Florida Bar

Comments of Trial Lawyers Section

Comments of the Academy of Florida Trial Lawyers

Comments of FLABOTA

Comments of Dade County Bar

Comments of Floridians for Patient Protection

Comments of Florida Consumer Action Network

Comments of Stephen Grimes

Comments of Racquel Rodriguez

Comments of First Professionals Insurance Company

Comments of American Medical Association

Member & public comments; drafts

Mr. Major Best Harding, Chair

[Revised: 06-06-2011]