The Rules of Professional Conduct require that a lawyer who charges a contingent fee in a medical liability case provide you a copy of the constitution’s fee limitations. The lawyer is also required to tell you that these limits apply unless you waive the constitutional limitation on the fee.
Any additional fees or costs charged by the other lawyers involved in the subrogation or lien resolution services must separately comply with the provision of Rules 4-1.5(a) through 4-1.5(e), and if the fees are contingent on the outcome of the lien resolution, the lien or subrogation resolution fees on their own must also comply with Rule 4-1.5(f).”
Contingent fee regulation Rule 4-1.5(f)(4) should not be construed to apply to actions or claims seeking property or other damages arising in the commercial litigation context. Rule 4-1.5(f)(4)(B) is intended to apply only to contingent aspects of fee agreements.
Special rules apply to charging liens based upon contingent fee contracts. In Searcy, Denney, et al. v. Poletz, 652 So. 2d 366 (Fla. 1995), the Florida Supreme Court held that the “lodestar” method of computing reasonable attorneys’ fees as adopted by the court in Rowe 12 s hould not be applied in this context. Searcy, 652 So. 2d at 368. The court instead held that
A typical situation in one case resulted in about $55,500 of additional tax when a $300,000 contingent fee was itemized rather than excluded from income. 5 In another case itemizing the deduction resulted in $254,298 of additional tax on a contingent fee of about $1.9 million. 6 As the contingent fee increases so does the tax resulting from application of the cited code provisions.
A-716-84T3 (N.J. Super. 5/13/86) Rule 4-1.5(F) of the Rules Regulating The Florida Bar establishes certain requirements with which Florida Bar members must comply when contracting for, charging, or collecting a contingent fee.
Rule 4-1.7, Rules Regulating The Florida Bar, is the general conflict of interest rule. The rule states that a lawyer shall not represent a client if the representation will be “materially limited … by a personal interest of the lawyer.” Rule 4-1.7(a)(2). If the representation would be limited in such a way, a conflict exists.
Ethics rules strengthen the Bar’s professionalism commitment and enhance public confidence in the legal profession. Henry Latimer Center for Professionalism A joint project of the Florida Supreme Court and The Florida Bar to promote and encourage professionalism throughout Florida.
Ethics FAQ. In the citations, ‘Rule’ or ‘Rules’ refers to the Rules Regulating The Florida Bar. The Rules Regulating The Florida Bar and Formal Advisory Opinions of The Florida Bar’s Professional Ethics Committee are published on the website under “Rules Regulating The Florida Bar” and “Ethics Opinions” respectively.
Rules Regulating The Florida Bar: The Rules Regulating The Florida Bar contain — among other topics — the Bylaws of The Florida Bar organization, the Rules of Discipline, the Rules of Professional Conduct, and other chapters on specific regulatory topics. Florida Rules of Court Procedure: Florida Rules of Court Procedure arranged by area of law.