Florida — Contingency Fee Rules

How Are Contingency Fees Regulated in This State?

Direct Answer: Florida regulates contingency fees under Rule 4-1.5 of the Rules Regulating The Florida Bar. Standard fees scale with recovery: 33⅓% up to $1M pre-answer, 40% post-answer. HB 837 (2023) reformed tort law extensively, but contingency fee structures remain governed by the Bar's sliding-scale rule.

Florida Bar Rule 4-1.5(f)(4)(B) establishes a detailed sliding scale for contingency fees that is "presumed reasonable." The standard schedule is:

• 33⅓% of any recovery up to $1 million if no lawsuit is filed
• 40% of any recovery up to $1 million after filing through trial
• 30% of recovery from $1 million to $2 million (no lawsuit)
• 30% of recovery from $1 million to $2 million (through trial)
• 20% of any recovery exceeding $2 million

Attorneys may charge a different fee, but the agreement must clearly state the deviation and the client must be informed of the Bar schedule. In medical malpractice cases, a 2004 constitutional amendment (Article I, § 26) caps attorney fees at 30% of the first $250,000 and 10% thereafter.

Statute of Limitations

Florida-Specific Considerations

2023 Tort Reform (HB 837): This landmark legislation changed Florida from a pure comparative negligence state to a 51% bar modified comparative fault system. It also reduced the general negligence statute of limitations from four years to two years.

No-fault auto insurance: Florida is a no-fault state requiring Personal Injury Protection (PIP) coverage of at least $10,000. To step outside the no-fault system and sue the at-fault driver, the injury must meet the "serious injury" threshold: significant or permanent loss of a body function, permanent injury, significant scarring, or death.

Medical malpractice pre-suit: Florida requires a 90-day pre-suit investigation period (Fla. Stat. § 766.106) before filing a medical malpractice lawsuit, during which both sides exchange information and conduct informal discovery.