In this scenario, it really depends on the facts of this case. If the lawyer involved in the case is unable to adequately represent the client`s interests without the assistance of co-counsel, the lawyer should seriously consider withdrawing from the case. As long as the current rules on transfer fees are followed, a lawyer may in any event receive a removal fee. Therefore, transfer fees are not prohibited in family or criminal proceedings. For example, a lawyer may receive transfer fees in a divorce case, as long as the lawyer is working on the case and is paid for the services rendered by the lawyer, or the lawyer enters into a written agreement with the other lawyer and the client, in which each lawyer assumes joint legal responsibility, agrees to be available for consultation with the client. , and the agreement defines the distribution of the levy. The main factor is that co-counsel agreements are discussed with the client. If it is determined that co-counsel is necessary, this matter should be immediately brought to the client`s attention. Once we fully agree with the requesting counsel on the extent of possible representation, we will consult with the client, the applicant lawyer and our firm to explain the expected role of registries in the litigation, the costs and benefits of the proposed representation and to clearly define the extent of our representation and agreement. A lawyer who receives a referral fee must sign the royalty agreement if it is a case of contingency costs or, if not a contingency fee, the transfer fee is not paid in proportion to the work done by each lawyer. The transfer fee agreement must be written and signed by each lawyer in accordance with Rule 4-1.5 (g) (2). In the event of an unforeseen event, Rule 4-1.5 (f) (2) also provides that each lawyer signs the agreement on transfer fees. If the referral system is contemplated at the beginning of the case, it is likely that counsel and the client would proceed with this part of the pricing agreement in advance.
If the referral agreement is reached at a later date, the agreement on transfer fees must still be made in writing and should be made within a reasonable time after the referral agreement. Again, the role of lawyers is to act in the best interests of the client. If counsel finds that Co-Counsel is necessary to accomplish a particular task in the case that is in the best interest of the client, then the lawyer should do his best to explain to the client why he or she is in the best interests of the client and how he can ultimately maximize recovery or otherwise assist him. However, if it is a contingency tax, lawyers should be aware of the case law that determines when lawyers can collect fees in the event of contingency fees when their representation ends before the eventuality. If a lawyer withdraws from the representation before entering the contingency, the lawyer loses a fee, unless the client`s conduct makes it legally impossible to continue the lawyer`s representation or incites the lawyer to break the lawyer`s rules. See, Faro v. Romani, 641 So. 2d 69 (Fla. 1994).
In Santini v. Cleveland Clinic Florida, 65 So.3d 22 (Fla. 4th DCA 2011), the court found that a lawyer who had to withdraw from representation because of a suspension resigned the tax under Faro because the resignation was not necessary because of the client`s conduct.