Lien Times In Florida

From sunEthics (the premier Florida ethics blog)

In 2012 the Supreme Court rejected a proposal from the Bar that would have allowed a personal injury lawyer handling a case that required “extraordinary subrogation or lien resolution services” to refer that matter to someone outside the lawyer’s law firm for these services, with that person or entity charging the client a separate fee (with the referring lawyer not sharing in that fee).  The Court made it clear that it disagreed with the underlying premise.  “After considering the concerns raised in the comment and the discussion at oral argument, we decline to adopt new subdivision (f)(4)(E).  Indeed, we take this opportunity to clarify that lawyers representing a client in a personal injury, wrongful death, or other such case charging a contingent fee should, as part of the representation, also represent the client in resolving medical liens and subrogation claims related to the underlying case.”  In re: Amendments to the Rules Regulating The Florida Bar (Biannual Report), 101 So.3d 807 (Fla. 2012).

          The Bar reworked the lien resolution services proposal and submitted the revised version to the Court in in October 2014.  After oral argument in May 2015, the Bar petitioned the Court for a stay to allow the Bar to submit a third proposal on the subject.

          On September 17, 2015, the Court granted the Bar’s motion for stay, stating that the Bar “is directed to file a new petition with its alternative proposal on or before January 15, 2016.”   In re: Amendments to Rule Regulating The Florida Bar 4-1.5 – Fees and Costs for Legal Services, __ So.3d __ (Fla., No. SC14-2112, 9/17/2015).

(Mike Frisch)