FL Professional Responsibility

Florida Rules of Professional Responsibility — Concise Notes

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Florida Bar Exam test-takers are responsible for knowing the black letter law for Florida’s Rules of Professional Conduct (Chapter 4) and Florida’s Rules Regulating Trust Accounts (Chapter 5). Indeed, practicing Florida attorneys are definitely responsible for knowing these Rules.

Too often, practicing attorneys become arrogant (or maybe just forgetful?) of the Rules regarding their professional conduct. While we are posting an extremely condensed version of our Professional Conduct Notes for bar exam test-takers, we are also posting them as a partial reminder to practicing attorneys.

We hope the following concise Rules are helpful for Florida Bar Exam test-takers who will be responsible for knowing the Rules in order to pass the Florida Bar Exam. Happy studies. 🙂

CHAPTER 4: RULES OF PROFESSIONAL CONDUCT
CHAPTER 5: RULES REGULATING TRUST ACCOUNTS

◊ Fees – cannot be clearly excessive (must be reasonable). A fee or cost is clearly excessive when:

1. A lawyer of ordinary prudence is left with a definite & firm conviction that the fee/cost was clearly overreaching or was an unconscionable demand; or
2. The attorney sought it by intentional misrepresentation or fraud upon the client, a non-client party, or any court.

◊ Contingency Fees – must be in writing, signed by client, and every participating lawyer.

◊ Must specify percentages of settlement, if expenses are deducted before or after percentage taken, and closing statement with calculations and amount of final fee must be provided.

◊ Non-Contingency Fee – writing not required unless a portion of the fee is non-refundable.

◊ No Contingency Fee Allowed for:

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