How Much Will My Malpractice Attorney Charge?

Probably most legal malpractice cases are handled on a contingency fee basis, which means that you only have to pay the attorney a fee for his services if either by settlement or trial he obtains a recovery for you.  If he does not obtain a recovery, you owe him nothing for his services. Under almost all circumstances you will have a written contract with your lawyer that spells out the details of the attorneys' fee agreement. The exact percentage charged will vary from state to state and region to region because of differences in state laws, bar regulations, and custom. Probably the average fee is between thirty percent (30%) and forty percent (40%) of the recovery. 

Keep in mind that there is no requirement that you hire your lawyer on a contingency fee basis and if you would rather pay an hourly fee or some sort of flat fee, neither of which would be contingent on the outcome of the case, then that can often be negotiated.  Sometimes a hybrid fee may be agreed to that includes both a smaller than normal contingency fee percentage but also a small hourly rate fee that is not contingent on anything and is paid regardless of the outcome.  If your case is good enough and the damages are big enough you may be able to negotiate for a lower fee than normally charged.      

The primary Florida Bar Rule on contingent fees is Rule 4-1.5, Florida Rules of Professional Conduct.  Click here to go to Florida Bar website and review it.  

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