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This statement of your client rights must be understood by you as a prospective client before you sign a conditional fee agreement with an attorney.
Although this clause is not included in the actual agreement between you and your attorney, you should be aware of your rights as a prospective client:
- Attorneys are not legally required to charge clients a flat fee or a percentage of the recovered sum. You, the client, have the right to debate the proposed fee with your attorney and negotiate the rate or percentage as you would in any other contract. If you are unable to reach an agreement with one attorney, you can speak with another.
- Contingent fee agreements must be in writing, with three (3) business days to evaluate them. You may terminate the contract without cause by notifying your attorney in writing within three (3) business days after signing it. If you terminate the contract within the first three (3) business days, you are not required to pay the attorney’s fees; but you may be liable for the attorney’s actual costs during that period. However, if your attorney begins defending you, he or she cannot quit the matter without first alerting you, supplying you with the relevant documentation, and allowing you time to find another lawyer. Often, your attorney must obtain court clearance before abandoning the lawsuit. If you fire your attorney without probable cause after three (3) days, you may be required to pay the attorney’s fees for work completed.
- Before hiring an attorney, you, as the client, have the right to learn about the attorney’s education, training, and experience. If you inquire, the attorney should tell you about their experience with situations like yours. If you ask, the attorney must offer information regarding specific training or knowledge to you in writing.
- Before signing a contingent fee agreement with you, the attorney must explain whether he or she will handle your case alone or with the assistance of other lawyers. If your attorney intends to refer the matter to other attorneys, he or she must inform you of the fee-sharing agreement that will be reached with other attorneys. If you will be represented by attorneys from many legal offices, at least one of them must sign a contingent fee agreement.
- You, as the client, have the right to have your lawyer inform you of the potential negative repercussions if you lose the case. These negative implications may include having to pay your attorney’s costs, as well as being liable for the other party’s attorney fees, costs, or expenses.
- You, as the client, have the right to receive and approve a final statement at the end of the case before making any payments. The statement must include all financial data from the case, including the amount recovered, all expenses, and an accurate estimate of your attorney’s fees. Until you approve the final statement, you are not required to pay anyone, including your attorney. You have the right to have each attorney or law firm involved in your case sign this closing statement.
- As the client, you have the right to demand the most accurate responses from your attorney and to inquire about the status of the case at acceptable intervals.
- You, as the client, have the right to report any instances in which you feel that your lawyer has overcharged or violated the law to the Florida Bar, which regulates the conduct and practice of all Florida attorneys. Call (850) 561-5600 or get in touch with your local bar organization to learn how to get in touch with the Florida Bar.
Any dispute over fees between you and your attorney might go to court, and you could get a different lawyer to assist you in working things out. Unless arbitration is included in your fee agreement, fee disputes are normally resolved through a separate arbitration. You can ask for, but not mandate, that your fee agreement contain an arbitration clause (under Chapter 682, Florida Statutes, or the fee arbitration rule of the Rules Governing the Florida Bar Association).