November 3, 2006
Fee Cap Waivers
by Mike Frisch
The Supreme Court of Florida has entered an order that permits plaintiffs in medical malpractice cases to agree with their retained attorney to waive limits on contingent fees that had been adopted by Florida voters as a Constitutional amendment. The written waiver, which must be detailed and set forth the fee limits that the client waives, will not be subject to judicial oversight. The new Rule is grounded in the view that a client should be free to hire a lawyer of her own choosing and to knowingly waive a right that exists for the client's own protection. The order is linked here.
As we have seen a number of jurisdiction impose fee caps in a wide array of cases, it will be interesting to watch for developments similar to the Florida approach.
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