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 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 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
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 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 might
have to pay to 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 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 that a provision
for arbitration (under Chapter 682, Florida Statutes or under
the Fee Arbitration Rule of The Florida Bar) be included in
your fee contract.
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