STATEMENT OF CLIENT'S
RIGHTS FOR CONTINGENCY FEES Before you,
the prospective client, arrange a contingent
fee agreement with a lawyer, you should
understand this statement of your rights
as a client. This statement is not a
part of the actual contract between
you and your lawyer, but, as a prospective
client, you should be aware of these
rights:
1. There is no legal requirement
that a lawyer charge a client a set fee
or a percentage of money recovered in
a case. You, the client, have the right
to talk with your lawyer about the proposed
fee and to bargain about the rate or percentage
as in any other contract. If you do not
reach an agreement with 1 lawyer you may
talk with other lawyers.
2. Any contingent fee contract
must be in writing and you have 3 business
days to reconsider the contract. You may
cancel the contract without any reason
if you notify your lawyer in writing within
3 business days of signing the contract.
If you withdraw from the contract within
the first 3 business days, you do not
owe the lawyer a fee although you may
be responsible for the lawyer's actual
costs during that time. If your lawyer
begins to represent you, your lawyer may
not withdraw from the case without giving
you notice, delivering necessary papers
to you, and allowing you time to employ
another lawyer. Often, your lawyer must
obtain court approval before withdrawing
from a case.
If you discharge your lawyer without good
cause after the 3-day period, you may
have to pay a fee for work the lawyer
has done.
3. Before hiring a lawyer,
you, the client, have the right to know
about the lawyer's education, training,
and experience. If you ask, the lawyer
should tell you specifically about the
lawyer's actual experience dealing with
cases similar to yours. If you ask, the
lawyer should provide information about
special training or knowledge and give
you this information in writing if you
request it.
4. Before signing a contingent
fee contract with you, a lawyer must advise
you whether the lawyer intends to handle
your case alone or whether other lawyers
will be helping with the case. If your
lawyer intends to refer the case to other
lawyers, the lawyer should tell you what
kind of fee sharing arrangement will be
made with the other lawyers. If lawyers
from different law firms will represent
you, at least 1 lawyer from each law firm
must sign the contingent fee contract.
5. If your lawyer intends
to refer your case to another lawyer or
counsel with other lawyers, your lawyer
should tell you about that at the beginning.
If your lawyer takes the case and later
decides to refer it to another lawyer
or to associate with other lawyers, you
should sign a new contract that includes
the new lawyers. You, the client, also
have the right to consult with each lawyer
working on your case and each lawyer is
legally responsible to represent your
interests and is legally responsible for
the acts of the other lawyers involved
in the case.
6. You, the client, have
the right to know in advance how you will
need to pay the expenses and the legal
fees at the end of the case. If you pay
a deposit in advance for costs, you may
ask reasonable questions about how the
money will be or has been spent and how
much of it remains unspent. Your lawyer
should give a reasonable estimate about
future necessary costs. If your lawyer
agrees to lend or advance you money to
prepare or research the case, you have
the right to know periodically how much
money your lawyer has spent on your behalf.
You also have the right to decide, after
consulting with your lawyer, how much
money is to be spent to prepare a case.
If you pay the expenses, you have the
right to decide how much to spend. Your
lawyer should also inform you whether
the fee will be based on the gross amount
recovered or on the amount recovered minus
the costs.
7. You, the client, have
the right to be told by your lawyer about
possible adverse consequences if you lose
the case. Those adverse consequences might
include money that you might have to pay
to your lawyer for costs and liability
you might have for attorney's fees, costs,
and expenses to the other side.
8. You, the client, have
the right to receive and approve a closing
statement at the end of the case before
you pay any money. The statement must
list all of the financial details of the
entire case, including the amount recovered,
all expenses, and a precise statement
of your lawyer's fee. Until you approve
the closing statement your lawyer cannot
pay any money to anyone, including you,
without an appropriate order of the court.
You also have the right to have every
lawyer or law firm working on your case
sign this closing statement.
9. You, the client, have
the right to ask your lawyer at reasonable
intervals how the case is progressing
and to have these questions answered to
the best of your lawyer's ability.
10. You, the client, have
the right to make the final decision regarding
settlement of a case. Your lawyer must
notify you of all offers of settlement
before and after the trial. Offers during
the trial must be immediately communicated
and you should consult with your lawyer
regarding whether to accept a settlement.
However, you must make the final decision
to accept or reject a settlement.
11. If at any time you,
the client, believe that your lawyer has
charged an excessive or illegal fee, you
have the right to report the matter to
The Florida Bar, the agency that oversees
the practice and behavior of all lawyers
in Florida. For information on how to
reach The Florida Bar, call 850/561-5600,
or contact the local bar association.
Any disagreement between you and your
lawyer about a fee can be taken to court
and you may wish to hire another lawyer
to help you resolve this disagreement.
Usually fee disputes must be handled in
a separate lawsuit, unless your fee contract
provides for arbitration. You can request,
but may not require, that a provision
for arbitration (under Chapter 682, Florida
Statutes, or under the fee arbitration
rule of the Rules Regulating The Florida
Bar) be included in your fee contract.