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
Court declines to adopt medical liens rule amendment Senior Editor The third time was not the charm when it came to the Bar Board of Governors’ attempt to win a change to contingency fee rules addressing the hiring of special lawyers to resolve complex medical liens and related issues at the end of personal injury and wrongful death cases.
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.
Supreme Court approves med mal fee waiver form Justices approve rule change, but decline to address whether fee limits can be waived Gary Blankenship Senior Editor A Florida Bar rule allowing medical malpractice claimants to waive their right to a low contingency fee set in the state constitution has been approved by The Florida Supreme Court.
The expert witness contingent fee prohibition in the Rules Regulating The Florida Bar should be incorporated into Florida’s Evidence Code. Proposed statutes may state: 90.707 Exclusion of expert testimony (1) An expert shall not testify if the expert has been employed on a contingent fee basis.
As the court put it: “When a firm with no fiduciary duties to wind up another firm’s affairs works on a matter for a contingency fee, and the contingency occurs during another firm’s representation, the amount of the firm’s fee in the matter is determined by quantum meruit.” 16 The court also stated that a client move to a departing associate would be treated the same as a client move to an unrelated firm.
Board rejects family-related contingency fee. Senior Editor. A lawyer handling only the division of a pension after a divorce has been granted may not charge a contingency fee, the Bar Board of Governors has decided, ratifying a Professional Ethics Committee position.
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.
Rules Regulating The Florida Bar The Supreme Court of Florida by these rules establishes the authority and responsibilities of The Florida Bar, an official arm of the court. See the Rules Update page for pending rule changes or other related announcements.