Florida Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees

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Multi-State
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US-02641BG
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Description

Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association.


Courts have the inherent authority to supervise the charging of fees for legal services under their power to regulate the practice of law. A growing number of states, the courts and bar associations are seeking to encourage out-of-court resolution of fee disputes between attorneys and clients in alternative dispute resolution programs established and administered by bar associations. Typically these programs provide a client with the opportunity to voluntarily submit a fee dispute to either arbitration or mediation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The Florida Constitution sets the maximum contingency fee for medical malpractice cases. The attorney may charge 30% of the first $250,000 in damages. The fee for anything above $250,000 is 10%. A client can voluntarily agree to pay a higher percentage for a contingency fee, but they are not required to do so by law.

The parties pay for the arbitration proceedings. The amount that the parties pay and how they divide the cost depends on the circumstances.

For a personal injury case that settles before the defendant answers a lawsuit complaint: A fee cap of 33 1/3% is placed on a settlement of up to $1 million; For settlements that exceed $1 million the cap is incrementally reduced by 10%; The defendant has a window of 20 days to answer the complaint.

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to 40 percent) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.

Hourly rates in Florida Lawyers in Florida typically charge between $100 and $633 per hour, with the average being $297. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.

In Florida, attorney's fees are generally recoverable by the winning party if they are allowed by agreement such as in a written contract or by law in a statute. This protocol is commonly called the American Rule because it modified its cousin, the English Rule, which awarded fees to the winner in all civil cases.

A typical contingency fee percentage is anywhere from 30 to 40% of your recovery. Your contingency fee agreement will set out the exact percentage. These percentages are often staggered so that your lawyer will get a higher percentage if the case goes to trial ? which requires more time and work for their law firm.

Rule 4-1. 5(f)(6) prohibits a lawyer from charging the contingent fee percentage on the total, future value of a recovery being paid on a structured or periodic basis. This prohibition does not apply if the lawyer's fee is being paid over the same length of time as the schedule of payments to the client.

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Florida Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees