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Who Does Limiting Attorney's Fees Eventually Hurt?

By Eddie Farah

An opinion in the Wall Street Journal this week talks about a bill introduced in the Florida
legislature, HB 903, that would limit the amount a trial attorney could take home in the case of a trial that is brought by the state.

What happens in high profile cases brought by the state Attorney General's office is that outside firms will be brought in to help with cases. This occurs in mass litigation such as tobacco, pharmaceutical litigation or insurance fraud.

In Florida, the proposed bill would cap attorney's fees at $50 million, while outside law firms helping with a case would be capped to 24% of the first $10 million, 20% of the next five million and 15 % of the following five million.

The lawyer would be paid at the end of the day. Remember these trials never take a day, or a month, or even a year. Sometimes it takes decades of uncompensated work to finally bring a case to resolution.

Florida already has caps on attorney's fees. The Florida Constitution limits the contingent fee in a medical malpractice cases.

And the Florida Bar has adopted a maximum fee schedule that attorneys are permitted to charge in personal injury, property damage, product liability and auto accidents. Limits apply in medical malpractice cases if you agree to waive you right to recovery under the Florida Constitution.

And let's not forget that in November 2004, Florida voters approved Amendment 3, even though virtually every major newspaper editorial recommended voters reject it. The medical lobby was the backer of Amendment 3, so that lawsuits could be reduced. And it's worked. Many have been unable to find lawyers to represent them in malpractice cases.

The bottom line is that limiting reasonable fees is bad for the consumer because it limits the number of attorneys willing to take their case and limits the time they spend on individual cases. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on February 28, 2009 (boomark / email).