Should I have a written agreement with my lawyer?

Every attorney client relationship should begin with a written agreement that clearly spells out the terms of representation by the lawyer. The written agreement should explain what the lawyer is hired to do. It should also explain the professional fee that will be charged by the lawyer for the representation. The written agreement should also address other issues, such as who will be responsible for the payment of certain costs associated with the case, or whether other lawyers may be working on the client's case.

The Florida Bar Rules that regulate attorneys to not require that all fee agreements between lawyers and their clients be in writing. However, if a fee is contingent on the outcome of the case, it must be in writing.

In personal injury cases where the fee is to be paid as a percentage of the client's recovery, the Florida Supreme Court requires that the fee agreement be in writing. The contingent fee agreement must explain in detail the percentage fee that the lawyer will paid. The Florida Supreme Court has specified the percentage fees for contingency personal injury cases. The amount of the fee depends upon how much the lawyer recovers for the client and when the recovery is obtained. For example, if the lawyer is able to obtain a settlement without having to prosecute a lawsuit, the lawyer's fee must be no more than 33 1/3 % of the amount recovered, exclusive of costs. If the lawyer is required to prosecute a lawsuit, then the fee may increase to 40% of the recovery. If the lawyer appeals the case, the fee may increase an additional 5%. These percentages decrease as the amounts of recovery increase, starting at recoveries in excess of one million dollars. If the lawyer and the client agree to a fee higher than these amounts, the fee agreement must be approved by the court.

Here is a link to the Florida Bar Rule regarding fee agreements between lawyers and their clients: Florida Bar Rule

A good relationship between the lawyer and client begins with a written agreement. Any one hiring a lawyer should thoroughly understand the terms of representation in that agreement
Labels: Questions about attorney-client relationship
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