Tag: 上海夜网CF

Proposed malpractice fee rule

first_img August 1, 2005 Regular News Proposed malpractice fee rule Proposed malpractice fee rulecenter_img Pursuant to Rule Regulating The Florida Bar 1-12.1(f), 50 members of The Florida Bar have filed a petition with the Florida Supreme Court asking the court to amend Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct in response to the recent creation of article 1, section 26 (“Claimant’s right to fair compensation”) of the Florida Constitution. The court invites all interested persons to comment on the proposed amendment, which is reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before September 30, with a certificate of service verifying that a copy has been served on the Executive Director of The Florida Bar, John F. Harkness, Jr., 651 E. Jefferson Street, Tallahassee 32399-2300, and Stephen H. Grimes, Post Office Drawer 810, Tallahassee 32302, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument scheduled for November 30. The court will determine who will be granted oral argument prior to that date. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENT TO THE RULES REGULATING THE FLORIDA BAR – RULE 4-1.5(f)(4)(B) OF THE RULES OF PROFESSIONAL CONDUCT, CASE NO. SC05-1150 Rule 4-1.5. Fees and Costs for Legal Services (a) – (e) No Change (f) Contingent Fees. (1) – (3) No Change (4) A lawyer who enters into an arrangement for, charges, or collects any fee in an action or claim for personal injury or for property damages or for death or loss of services resulting from personal injuries based upon tortious conduct of another, including products liability claims, whereby the compensation is to be dependent or contingent in whole or in part upon the successful prosecution or settlement thereof shall do so only under the following requirements: (A) No Change (B) The contract for representation of a client in a matter set forth in subdivision (f)(4) may provide for a contingent fee arrangement as agreed upon by the client and the lawyer, except as limited by the following provisions: (i) –(ii) No Change (iii) Notwithstanding the preceding provisions of subdivision (B), in medical liability cases, attorney fees shall not exceed the following percentages of all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants: a. Thirty percent (30%) of the first $250,000.00. b. Ten percent (10%) of all damages in excess of $250,000.00. (C) – (D) No Change (5) – (6) No Change (g) – (h) No Changelast_img read more

Start reading Proposed malpractice fee rule