The Florida Bar

Search results for: contingency fee rules

Leaving Law Firms with Client Fees: Florida’s Path

https://www.floridabar.org/the-florida-bar-journal/leaving-law-firms-with-client-fees-floridas-path/

Buckley Towers is the second, and perhaps the most significant case, applying Florida law to an award of legal fees after a lawyer leaves a firm with a client in tow. The 11th Circuit concluded Frates was still good law and extended it to a dispute over a contingency fee involving three law firms: one was a professional association (PA); one ...

Comments sought on contingency fee rules

https://www.floridabar.org/the-florida-bar-news/comments-sought-on-contingency-fee-rules/

The section involved is rule 4-1.5 (f) (4) (B) (ii). The proposed change would employ existing criteria for the review of reasonableness of legal fees. Specifically, the board received judicial comments that there was a lack of criteria on how judges were to evaluate requests for contingency fees in excess of the fee found in rule 4-1.5 (f) (4 ...

Consumer Pamphlet: A Consumer Guide To Clients’ Rights

https://www.floridabar.org/public/consumer/pamphlet001/

Statement of Clients’ Rights in Contingency Fee Cases. Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. ... Without prior court approval, the increased fee that I agree to may be up to the maximum contingency fee percentages set forth in ...

Family Law Fees–The High Points and the Current State of the Law

https://www.floridabar.org/the-florida-bar-journal/family-law-fees-the-high-points-and-the-current-state-of-the-law/

Contingency Fees. The judiciary reads Florida Rule of Professional Conduct 4-1.5(f)(3) 31 restrictively to prohibit contingency fees in any dissolution of marriage matter even though this is not what the express language of the rule prohibits. 32 The better practice, if your talents justify substantial fees, is to charge nonrefundable retainers ...

Opinion 88-10

https://www.floridabar.org/etopinions/etopinion-88-10/

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. Subsection (4) of this rule contains additional requirements, including a maximum fee schedule, that must be satisfied ...

Opinion 98-1

https://www.floridabar.org/etopinions/etopinion-98-1/

He is aware that Rule 4-3.4(b), Rules of Professional Conduct, prohibits the payment of a contingency fee for the services of an expert witness, but questions the applicability of the rule where it is the medical-legal consulting service that will be paid on a contingency basis rather than the expert.

Practice Tips: Referral Fee Basics - LegalFuel

https://www.legalfuel.com/practice-tips-referral-fee-basics/

However, when the fee to be charged is a contingent fee, the lawyers must also follow the contingency fee rules found in subsection (f) of Rule 4-1.5. Rule 4-1.5(f)(2) requires referral fees to be in writing. Rule 4-1.5(f)(2) also requires that the client must consent to the referral fee in writing, and that each lawyer or law firm ...

Proposed amendment for medical malpractice contingency fee waiver

https://www.floridabar.org/the-florida-bar-news/proposed-amendment-for-medical-malpractice-contingency-fee-waiver/

Rule 4-1.5(f)(4)(B) is intended to apply only to contingent aspects of fee agreements. In the situation where a lawyer and client enter a contract for part noncontingent and part contingent attorney’s fees, rule 4-1.5(f)(4)(B) should not be construed to apply to and prohibit or limit the noncontingent portion of the fee agreement.

How to handle lawyer-client fee disputes

https://www.floridabar.org/the-florida-bar-news/how-to-handle-lawyer-client-fee-disputes/

In addition to the conflict and termination rules, Rule 5-1.1 is applicable to lawyer-client fee disputes. The rule states in part: (f) Disputed Ownership of Trust Funds. ... Doe, 550 So. 2d 1111 (Fla. 1989), that a lawyer may not assert a retaining lien over unpaid fees and costs in a contingent fee case where the contingency has yet to occur ...

Taxation of Contingent Fees

https://www.floridabar.org/the-florida-bar-journal/taxation-of-contingent-fees/

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 ...