Generally, what my law firm charges and what I see most of my competitors charge in Florida is 33 1/3 percent for a case that resolves presuit, 40 percent for a case that resolves after a lawsuit has been filed and answered by the defendant and 33 1/3 percent for a case that resolves after a lawsuit has been filed where the defendant acknowledges fault in their answer to the complaint. These percentages are true for resolutions up to $1,000,000.00. The percentages reduce for cases in excess of one million dollars.
Interestingly, these percentages are the maximum percentages that a lawyer can charge per Supreme Court/Ethics rules, although it is possible to charge higher amounts in certain, extraordinary circumstances. Indeed, when a client signs a contingency fee contract in Florida, they are required to sign off on the “Statement of Client’s rights” and the first right discussed says:
There is no legal requirement that a lawyer charges a client a set fee or percentage of money recovered in a case. You, the client, have the right to talk with your 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.
Thus, that sets forth the rules as to what a lawyer can charge. Generally, for smaller cases, it would be unusual for a lawyer to reduce the lawyer fees. If the case has clear fault and damages are significant, then lawyer fees are more commonly reduced.
