Florida Personal Injury Retainer Agreement

The following restrictions are contained in the rules of ethics and only apply in the event of bodily injury or property damage caused by unlawful behavior such as car accidents or cases of product liability. These limits also apply in the event of a processing error if you have agreed to waive your entitlement to the recovery amount under the Florida Constitution. You and your lawyer may accept a lower percentage than the one mentioned below. However, if you and your lawyer want the fees to be higher, you need to go to court before your case is filed or your complaint is filed at the same time to increase the percentages. It is considered that lawyers who request more amounts than those mentioned below charge an excessive fee, unless they have prior judicial authorization. An additional requirement of the Florida Bar is that we must disclose these percentages in writing in our retainer agreements. 1. There is no legal obligation for a lawyer to charge a client a fixed tax or a percentage of the money recovered in a case. You, the client, have the right to discuss with your lawyer the proposed fees and, as in any other contract, to negotiate the rate or percentage. If you can`t reach an agreement with a lawyer, you can talk to other lawyers. I have, ____ 11. If you, the client, believe at any time that your attorney has charged excessive or illegal fees, you have the right to report the matter to the Florida Bar, the agency that monitors the practice and behavior of all attorneys in Florida. For information on how to reach the Florida Bar, call 850/561-5600 or contact the local bar.

Any disagreement between you and your lawyer about a tax can be brought to court, and you may want to hire another lawyer to help you resolve that disagreement. As a general rule, cost disputes should be dealt with in a separate dispute, unless your fee agreement provides for arbitration. You may request, but not require, that an arbitration clause (under Chapter 682, Statute of Florida, or the arbitration rule of the Florida Bar Rules) be included in your fee agreement. Sometimes the lawyer you have mandated will hire a lawyer at another firm to help with the case. You must accept the recruitment of this other lawyer. If this occurs in a case of bodily injury or property damage that awaits unlawful conduct, this agreement must be in writing and the lead counsel responsible for your case is entitled to at least 75 percent of the fees and the attorney with secondary liability is entitled to a maximum of 25 percent of the fees. If the lawyers of the different law firms have participated in the same way in this type of case, they must go to court to determine how the fee will be distributed. The distribution of fees between law firms should not affect the amount of money you receive.

If, in a case where you are charged an hourly fee, another law firm is charged, the fees may be allocated one of two types: the fees may be allocated on the basis of the work done by each lawyer or law firm, or you and the lawyers may agree in writing on how the fees will be allocated. I have no way of knowing if this was a standard agreement that this company required from all of its customers for bodily injury. . . .


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