By Daniel J. Alvarez, Esq.
Q. Is it time to revise your retainer agreement?
A. If it does not address the new Florida Bar Rule in regards to lien resolution, the answer is probably yes. To see a copy of the rule adopted by the FL Bar click HERE. The rule is pending final approval by the Florida Supreme Court. The new Florida Bar rule allows an attorney to outsource lien resolution functions and pass the costs along to the client.
Inserting some variation of the language below to your retainer agreement could be helpful should you choose outsource this function in the future.
We understand that current laws with regards to (Healthcare Providers) may require all parties involved in this matter to compromise, settle, or execute a release of Healthcare Providers’ separate claim for reimbursement / lien for past and future payments prior to distributing any verdict or settlement proceeds. We agree that the law firm may hire separate experts / case workers who assist with resolving any Healthcare Providers’ reimbursement claims or liens for past and/or future injury-related medical care. The expense of any such service shall be treated as a case expense and deducted from our net recovery and shall not be paid out of the law firm’s contingent fee in this matter.
If you would like more suggestions in terms of language to incorporate into your retainer agreement regarding outsourcing or sample letters to your client, contact us at firstname.lastname@example.org
Please call one of our lien specialists today with any questions at (877) 907-LIEN (5436).