Legal Question in Civil Litigation in Florida

Re: thank you

Not in Florida.

He may be entitled to the fair value of the actual time he put in, but not to a contingency fee. It is forbidden by the Florida Bar.

Re: thank you

Under the lawyer's ethics rules, the lawyer and client MUST enter into a WRITTEN fee agreement at the outset of the representation, stating what portion of the recovery the lawyer will receive. The fee is generally fixed at a percentage of the recovery. An additional percentage may be added if the matter is tried again or appealed to a higher court. Customarily, the attorney does not receive any contingent fee when the lawsuit is unsuccessful, but the client is expected to reimburse the attorney for out-of-pocket expenses such as court filing fees or expenses paid to witnesses. If the client wins the suit, these same expenses may be deducted from the client's share of the recovery.

In a contingency fee contract, you and your lawyer agree that the lawyer will not get paid any fees unless you win your case. However, even if you do not win your case, you will have to pay your attorney costs unless your contract specifically says that you do not have to.

The contingency fee contract MUST be in writing AND signed by the client and any attorney or law firm who will be paid under the contract. The contract must state what percentage of the recovery the attorney may keep, other expenses which will be deducted from the recovery and how these expenses will be deducted.

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