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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.
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