Before the prospective client, arranges a contingency fee agreement with a lawyer, the client should understand he or she have certain rights as a client. The ten basic rights tells you, as a client, what you are entitled to by law or by custom.

When you retain a lawyer, you are entitled to a lawyer who:

1. Will be capable of handling your case.

2. Will represent you zealously and seek any lawful means to present or defend your case.

3. Will preserve your confidences, secrets or statements which you reveal in the course of your relationship.

4. Will give you the right to make the ultimate decision on the objectives to be pursued in your case.

5. Will charge you a reasonable fee and tell you, in advance of being hired and upon your request, the basis of that fee.

6. Will show you courtesy and consideration at all times.

7. Will exercise independent professional judgment on your behalf, free from compromising influences.

8. Will inform you periodically about the status of your case, and at your request, give you copies of documents prepared.

9. Will exhibit the highest degree of ethical conduct.

10. Will refer you to other legal counsel, if he or she cannot properly represent you.

There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. The client, has the right to talk with the lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer you may talk with other lawyers.

Any contingency fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within three (3) business days of signing the contract. If you withdraw from the contract within the first three (3) business days, you do not owe the lawyer a fee. However, you may be responsible for the lawyer's actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the three day period, you may have to pay a fee for work the lawyer has done.

If at any time the client believes his or her lawyer has charged an excessive or illegal fee, the client, has the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call (904) 222-5286 or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually, fee disputes must be handled in a separate lawsuit.

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