Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Notice in the April 30, 2013 issue of The Florida Bar News advising that the Bar’s Professional Ethics Committee (PEC) will consider whether to modify or withdraw current Florida Bar Ethics Opinion 87-4, which states that lawyers may offer personal injury clients a choice between two contingent fee contracts with differing percentage fees depending on whether the client or the lawyer will assume responsibility for submitting the client’s medical bills for payment as long as neither percentage exceeds the maximum allowed under the contingency fee requirements of the Rules Regulating The Florida Bar. The Florida Bar’s Notice is at http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/39825807a56dd34185257b5500458f47!OpenDocument and Ethics Opinion 87-4 is at: http://www.floridabar.org/tfb/tfbetopin.nsf/SearchView/ETHICS,+OPINION+87-4?opendocument
The PEC will consider whether to withdraw or modify Ethics Opinion 87-4 at its meeting at 2 pm on June 28, 2013 at the Boca Raton Resort & Club in conjunction with The Florida Bar Annual Convention. The review of the Ethics Opinion for potential withdrawal or modification is in conjunction with the recent Notice that the Bar Board of Governors intends to take final action on proposed changes to the Florida Bar rules at its May 31, 2013 meeting in Sarasota.
The proposed Bar rule changes include proposed new Rule 4-1.5(f)(4)(E), which would prohibit a lawyer from charging any additional fee to the client for providing “ordinary lien resolution” and, if all fees for the personal injury matter plus lien resolution exceed the contingent fee schedule, “extraordinary services for subrogation and lien resolution” may be referred to another only with the client’s informed consent. Further, any additional fees by the other lawyer must comply with all provisions of the fee rule and that the lawyer providing the extraordinary subrogation and lien resolution services may not divide fees with the lawyer handling the personal injury or wrongful death claim. The Comment to the Rule “explains what lien resolution services are required as part of the original fee contract and what extraordinary services entail.”
Comments regarding the proposed modification or withdrawal can be directed to Elizabeth Tarbert, Bar Ethics Counsel in Tallahassee or by e-mail to the Bar Ethics Department at email@example.com.
Bottom line: This proposed Bar rule would impose (for the first time) a duty on Florida lawyers to provide “ordinary lien resolution” services in all personal injury and wrongful death matters. If the proposed rule is implemented, one of the questions will be what is “ordinary lien resolution” and what constitutes “extraordinary services for subrogation and lien resolution” As I have previously explained, if there are disputes regarding distribution of PI/wrongful death settlement funds, including disputes by third party lien holders, the lawyer can consider an interpleader action and placing the funds in the registry of the court.
Be careful out there!
Disclaimer: this e-mail does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2454 McMullen Booth Road, Suite 431
Clearwater, Florida 33759
Office (727) 799-1688
Fax (727) 799-1670