Know Your Rights
Before you, the prospective client(s) arrange a contingency fee agreement with a lawyer you should understand the statement of your rights as a client. This statement is not part of the actual contract between you and your lawyer and 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 percentage of money recovered in the case. You, the
client(s) 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 contingency fee contract must be in writing. 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 a contract within the first three (3) days you do owe the lawyer a fee, although you may be responsible for the lawyer's actual cost during that time. But, 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 the case. If you discharge your lawyer without good cause after the three (3) day period you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the clients (s), have the right to know about lawyer’s education, training and experience. If you ask, the lawyer should tell you specifically about his or her actual experiences in 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.
4. Before signing a contingency 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 contingency arrangement
5. If your lawyer intends to refer a case to another lawyer or consult with other lawyers your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer to another lawyer or to associate with other lawyers, you should sign a new contract which includes the new lawyers. You, the clients (s), 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 clients(s), have the right to know in advance, how you will need to pay the expenses in legal fees at the end of the case. If you pay a deposit in advance for costs you may be asked reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give reasonable estimates about future 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 or not the fee will be based on the gross amount recovered minus the costs.
7. You, the clients(s), 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 to your lawyer for costs, and liability you might have for attorney’s fees to the other side
8. You, the clients(s) have the right to receive and approve a closing statement in the case before you pay any money. The statement must list all of the financial details for 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 law firm working on a case sign his closing statement.
9. You, the client(s), 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(s) have the right to make a final decision regarding settlements 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 the settlement. However, you must make a final decision to accept or reject a settlement.
11. If at
any time you, the client(s), believe that your lawyers 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 1- 800-342-8060, or contact a local bar
association. Any disagreement
between you and your lawyer about the fee can be taken to court and you may
wish to hire a lawyer to help you resolve this disagreement.
Usually fee disputes must be handled in a separate lawsuit.
You might wonder what areas we practice as a personal injury attorney. Cities serviced: St. Petersburg FL, Largo FL, Clearwater FL, Palm Harbor FL, Tarpon Springs FL, New Port Richey FL, Port Richey FL, Tampa FL, Brandon FL, Bradenton FL, Sarasota FL, Ft Myers FL, Naples FL, Miami FL, Ft. Lauderdale FL, Daytona FL, Orlando FL, Jacksonville FL, Pensacola FL, Tallahassee FL and Florida.
"NO FEES OR COSTS UNTIL WE WIN YOUR CASE"
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the attorney to send you free written information about his/her qualifications & experience.