Wednesday, November 30, 2005
In re: Amendments to the Rules of Professional Conduct

no. 05-1150
Statewide Impact

A group of attorneys has asked the Court to update contingency fee rules to impose caps in medical malpractice cases to comport with a new provision of the Florida Constitution guaranteeing victims of medical malpractice 70 percent of any awards up to $250,000 and 90 percent of awards above $250,000. Opponents, including The Florida Bar, argue the request is premature because the scope of the new constitutional provision is currently being challenged in trial court. Opponents also argue that the constitutional provision is self-executing and cannot be incorporated in a rule without violating the right of a medical malpractice plaintiff to waive the new constitutional provision.