Abraham Lincoln was mistaken

Abraham Lincoln is credited with having said: "A Lawyer's Time Is His Stock In Trade."

The Florida Supreme Court disagrees and here's why you should care, even if you don't practice in the State. . .

In one area of law, and maybe in more to come, the prevailing lawyerwill have to be paid based soley upon a legislatively-set percentage ofthe value of his/her client's case. So said the First DCA in Wood vFlorida Rock, 31 Fla. L. Weekly D1458. But apparently recognizing theslipperly slope it was on, the First DCA certified as a question ofgreat public importance: "Do the amended provisions of s440.34(1),clearly and unambiguously establish the percentage fee formula providedas the sole standard for determining the reasonableness of anattorney's fee the be awarded a claimant?"

In an order entered July 12th four Justices of The Florida SupremeCourt, by denying review of the certified question, for all practicalpurposes answered it in the affirmative. TheFlorida Legislature is now free to impose a set fee schedule invirtually any area of the law in which a statute allows for the awardof prevailing party fees.

The Woods case happens to involve worker's comp., a practice area inwhich the clients almost by definition don't have alot of cash to paylegal fees. And even if they did, the economics of those cases hasjust shifted dramatically in favor of the defendants whose new favoritestrategy will be delay & drive-up costs with full immunity sincethe fees to the prevailing party are now legistatively limited to afixed percentage of recovery; the "sole" standard for the determinationof reasonable attorneys fees for an injured worker's attorney is apercentage (roughly 10%) of the "benefits achieved".

There is to be no regard given to the amount of time spent,difficulty of the issue, contingent nature of the relationship, ortenacity of the defense.

It's not hard to imagine this same kind of a fee schedule beinglegislatively-imposed in other practice areas as well. And the FloridaSupreme Court has just given an indication that it won't act to curbthis abuse.

So even if you don't practice worker's comp (and who will be able toafford to do that for much longer, in Florida at least!?!) you may wantto pay attention to what just happened, because it could be your practice area next.