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4 questions with Tom Culmo regarding contingency fees

By December 16, 2020 No Comments

Tom CulmoTom Culmo leads DVC’s serious injury practice and has more than three decades of experience, has been lead counsel in over 100 jury trials, obtained jury verdicts in 25 different counties in Florida, and has successfully represented clients in claims against a large number of hospitals and hospital corporations.

How do contingency fees work?

In certain cases, rather than paying by the hour, clients can choose to pay a percentage of the amount recovered from the lawsuit.

Under the Florida Bar’s ethics rules, a lawyer and client must have a written fee agreement, stating what percentage of the recovery the lawyer will receive.

Are referral fees permitted in contingency fee cases?

Under the Florida Rules of Professional Conduct, participation fees can be paid to lawyers who refer clients once a contingency fee has been realized.

The client must consent to the referral fee in writing, and each lawyer or law firm participating in the fee must sign the contract and agree to assume joint legal responsibility to the client for representation.

What types of cases can be taken on a contingency fee basis?

A contingency fee agreement can be applied to any civil case.  At Damian & Valori, LLP | Culmo Trial Attorneys our contingency fee-based cases include personal injury, wrongful death, business disputes, and cases involving fraud and malfeasance.

How do contingency fees benefit my clients?

The benefit to the client is that if there is no recovery, they pay no fee. There are no monthly bills for fees or litigation costs. Fees are paid and costs are reimbursed only if and when a recovery is actually made.