Government
Florida contingency fee fight continues
NEWS IN BRIEF — Posted Dec. 26, 2005
Florida attorneys and physicians remain embattled before the state Supreme Court over contingency fees in medical liability cases.
During the first round of oral arguments Nov. 30, justices chastised the Florida Bar for not updating its professional rules to fall in line with Amendment 3.
The voter-approved 2004 amendment limited lawyers' fees to 30% of the first $250,000 in damages awarded, and 10% of damages thereafter.
While the Supreme Court questioned attorneys' conduct in circumventing the caps by having their clients sign waivers, they were more skeptical about infringing upon plaintiffs' constitutional rights to sign the paper.
Judges have suggested they might set an interim rule to ensure that attorneys are not misleading plaintiffs about their rights.
The Florida Medical Assn. petitioned the court to impose ethical rules of conduct to force lawyers to abide by the amendment.
The FMA challenged lawyers in court for asking clients to sign waivers, a maneuver that Jeff Scott, FMA's associate general counsel called "wholly inappropriate and unethical."
But the Academy of Florida Trial Lawyers contends that the amendment is intended to prevent them from taking medical liability cases.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2005/12/26/gvbf1226.htm.
