Proposed board action.

 
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Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its December 4, 2015 board of governors meeting in Naples, Florida. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, most of these amendments must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. Additionally, most non-substantive edits to conform to the Supreme Court style guide are not noted in the summary. To receive a full copy of the text of any of these proposed amendments, email jgreen@flabar.org or call Janellen Green at (850) 561-5751. Reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR

Final Action Items: RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (Lien Resolution #3)

The board will consider 2 alternatives: Within Rule 4-1.5(f)(4), adds new subdivision (E) that the lawyer in a personal injury or wrongful death case charging a contingent fee must provide ordinary lien resolution as part of the lawyer's representation of the client under the fee contract, that the lawyer may not charge any additional fee to the client for providing any lien resolution services if all fees for the personal injury matter plus lien resolution exceed the contingent fee schedule, that extraordinary services for subrogation and lien resolution may be referred to another only with the client's informed consent, that 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; providing definitions of extraordinary versus ordinary lien resolution services; requiring a disclosure at the outset of representation that the personal injury lawyer would not provide extraordinary lien resolution services; defining the fee that could be charged for extraordinary lien resolution services; requiring court approval of the extraordinary lien resolution fee if it together with the personal injury fee exceeded the contingent fee schedule set forth in Rule 4-1.5; and permitting the court reviewing the agreement for extraordinary lien resolution services to adjust the fee of the primary lawyer (the lawyer handling the underlying personal injury matter). Within the comment, explains what lien resolution services are required as part of the original fee contract...

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