STATEMENT
OF CLIENT RIGHTS CONTINGENCY FEES
Before you, the
perspective 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 one
lawyer you may talk with other lawyers.
2. Any contingent fee
contract must be in writing and you have three (3)
business days to reconsider the contract. You may cancel
the contract without any reason if you notify your lawyer
in writing within three (3) business days of signing the
contract. If you withdraw from the contract within the
first three (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 the 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 three-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 his or her
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 he or she 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 he
or she 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 one lawyer from each 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 which
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, which you have to pay
your lawyer for costs and liability you might have for
attorney's fees 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 you need not pay any money
to anyone, including your lawyer. 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, the client, have the right
to report the matter to The Florida Bar, the agency that
oversees the practice and behavior of lawyers. 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 and/or
arbitration.