# Contingency Fees in Florida: Can You Bargain the Percentage?

There is no set percentage. The client can bargain the rate, as in any other contract.

## What is a contingency fee?

The lawyer is paid a percentage of what is recovered, not by the hour. If nothing is recovered, no fee is owed, though the contract says who pays the costs. In Florida, a contingency fee contract must be in writing and signed.

## Can I negotiate a lawyer's contingency percentage in Florida?

Yes. Florida's Statement of Client's Rights says there is no legal requirement that a lawyer charge a set fee or percentage, and that the client may bargain the rate as in any other contract. The percentages in Rule 4-1.5 of the Rules Regulating The Florida Bar are ceilings, not a standard rate.

## What percentage does this office charge?

A lower percentage than the other firm’s usual rate, written down before the work starts. When another firm is in the case, this office asks that firm to accept the lower percentage.

## Can I cancel a contingency fee contract after I sign?

Yes. You can cancel for any reason by telling the lawyer in writing within three business days of signing. You owe no fee, though you may owe the lawyer's actual costs from that time.

## Is the percentage taken before or after costs?

It depends on the contract. The lawyer should tell you whether the fee is figured on the gross recovery or on the amount left after costs. Ask before you sign.

## Are medical malpractice fees different in Florida?

Yes. The Florida Constitution limits contingency fees in medical liability cases. A client can give up that limit only in a separate written waiver, after being told about it. The choice is the client's.

## Who approves the money at the end of the case?

You do. Before any money is paid out, you receive and sign a closing statement listing the recovery, every expense, and the lawyer's fee.

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Source: https://integrityandlaw.com/questions/contingency-fee-florida
Updated: 2026-10-23
Shabsi Kabacznik, Integrity and Law, 1333 Monroe St, Hollywood, Florida 33019. (754) 293-7529. Florida Bar No. 1038917.
General information, not legal advice for a particular case. A message does not create an attorney-client relationship. Attorney advertising.