This is a proposed key change in how liens are handled in FL. As a matter of practice, my office does not charge for this service. In certain cases, depending on complexity of course, a 3rd party may be needed. Stay tuned to see if the rule is adopted:
(f) Contingent Fees. As to contingent fees:
- (1) [no change]
- comments:
(2) [no change]
(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:
when reasonable efforts to negotiate such medical liens or subrogation claims fail, the lawyer may, with the client’s written informed consent, either refer the client to a third party or hire a third party on behalf of the client to handle the lien and subrogation resolution who may charge a separate fee or cost to the client. If a lawyer provides the extraordinary lien and subrogation services, that lawyer’s contract with the client must separately comply with all provisions of rule 4-1.5.
