12/15/2005

On December 14, 2005, the Florida Supreme Court released an Order on the FMA Petition (Case# SC05-1150) to amend the Rules of Professional Conduct relating to attorney fees.

The Court directed The Florida Bar to draft and submit to the Court a proposed amendment to rule 4-1.5(f)(4)(B) which includes, but is not limited to the following core features:

An acknowledgement of the provisions of article 1, section 26 (Amendment 3) of the Florida Constitution;

An affirmative obligation on the part of an attorney contemplating a contingency fee contract with a potential client to notify any potential client with a medical liability claim of the provisions of article 1, section 26. Such notice provision may include a standard written notice form; and

A procedure whereby a medical liability claimant may knowingly and voluntarily waive the rights granted by article 1, section 26. Such a proposed procedure may involve judicial oversight or review of the waiver and may include a standard waiver form or otherwise provide for the protection of the rights of a potential client.

The Florida Bar has been directed to submit its proposed amendment to this Court within sixty days. The pre-filing notice requirements of rule 1-12.1(g) have been waived, and once the proposal is submitted, the Court will direct that it be published in The Florida Bar News for comment. All interested parties will then be permitted a period of thirty days to comment on the Bar's proposal.

Thank you to the following attorneys and organizations who worked on Oral Arguments in this case:
Philip M. Burlington of Burlington & Rockenbach, P.A. - Academy of Florida Trial Lawyers
Web Brennan of Wagner, Vaughan & McLaughlin, P.A. - Academy of Florida Trial Lawyers
Arthur "Buddy" Jacobs - Trial Lawyers Section of the Florida Bar
Robert Peck of the Center For Constitutional Litigation - Academy of Florida Trial Lawyers
Joel S. Perwin of Joel S. Perwin, P.A. - Florida Consumer Action Network
Barry Richard of Greenberg Traurig LLP. - The Florida Bar
Bard D. Rockenbach of Burlington & Rockenbach, P.A - Floridians for Patient Protection, Inc.
Herman J. Russomanno of Russomanno & Borrello, P.A. - Florida Chapters of the American Board of Trial Advocates
Roy D. Wasson of Wasson & Associates - The Dade County Bar Association and The Dade County Trial Lawyers Association

Thanks also to the over 400 attorneys and attorney organizations across Florida who submitted comments to the Court counseling against amending the Rules of Professional Conduct.

Courtesy of aftl.org

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