Engagement Letter (Lite Scope) - Florida

ENGAGEMENT LETTER (LITE SCOPE) — FLORIDA

Attorney / Firm Information

Firm Name: [________________________________]
Attorney Name: [________________________________], The Florida Bar No. [________]
Address: [________________________________]
City, State, ZIP: [________________________________], FL [__________]
Phone: [________________________________]
Email: [________________________________]
Website: [________________________________]

Date and Client Information

Date: [__/__/____]

To:
Client Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Re: [________________________________] (Matter Description)
Our File No.: [________________]

Dear [________________________________]:

Thank you for selecting this firm to represent you. This letter sets forth the terms under which we will provide legal services. Please read it carefully.

FLORIDA NOTICE: Under Rules Regulating The Florida Bar, Rule 4-1.5, an attorney shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or cost. A written fee agreement is required for all contingency fee matters (Rule 4-1.5(f)) and is strongly recommended for all other representations to establish clear expectations and protect both attorney and client.

1. Scope of Representation

1.1 Services to Be Provided

We are engaged to represent you in the following matter(s):

[________________________________]
[________________________________]

Type of Matter (check all that apply):

• ☐ Civil Litigation — Florida Circuit Court
• ☐ Civil Litigation — Florida County Court
• ☐ Civil Litigation — Federal Court (Northern / Middle / Southern District of Florida)
• ☐ Family Law / Domestic Relations
• ☐ Criminal Defense
• ☐ Real Estate Transaction / Closing
• ☐ Business Formation / Corporate
• ☐ Estate Planning / Probate
• ☐ Employment Law
• ☐ Personal Injury / Tort
• ☐ Workers' Compensation
• ☐ Administrative / Regulatory Proceeding
• ☐ Appeals (District Court of Appeal / Florida Supreme Court)
• ☐ Other: [________________________________]

1.2 Explicit Exclusions

This engagement does not include the following unless a separate written agreement is executed:

• ☐ Representation in any appeal or post-judgment proceedings
• ☐ Representation in any related or collateral matters
• ☐ Tax advice or tax return preparation
• ☐ Representation in bankruptcy proceedings
• ☐ Collection of any judgment or award obtained
• ☐ Representation before any federal or state agency
• ☐ Any matter not specifically described in Section 1.1 above

1.3 Limited Scope Representation (Unbundled Legal Services)

Under Rules Regulating The Florida Bar, Rule 4-1.2(c), a lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent, preferably in writing.

• ☐ This engagement is for limited scope representation as follows:
  [________________________________]
  [________________________________]

Client acknowledges: Limited scope means the attorney will handle only the tasks specifically identified above. The client is responsible for all other aspects of the matter.

Florida-Specific Note: Florida Rule of Judicial Administration 2.505(f) permits attorneys to provide limited appearance representation. The attorney must file a Notice of Limited Appearance (Florida Rule of General Practice and Judicial Administration 2.505), specifying the scope of the limited representation. Upon completion of limited scope services, the attorney may file a notice of termination of limited appearance.

2. Fee Arrangement

2.1 Fee Structure

Select the applicable fee arrangement:

☐ Option A: Hourly Rate

• Time is billed in increments of [____] of an hour (typically 1/10th = 6 minutes).
• Billable activities include legal research, drafting, telephone calls, emails, court appearances, travel time, and related tasks.
• Rates are subject to adjustment upon 30 days' written notice to the client.

Florida Note (Rule 4-1.5(a)): A lawyer shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or cost. Factors for determining excessiveness include: the time and labor required; the novelty and difficulty of the question; the skill needed; the fee customarily charged in the locality; the amount involved and results obtained; time limitations imposed by the client or circumstances; the nature and length of the professional relationship; and the experience, reputation, and ability of the lawyer.

☐ Option B: Flat Fee

• Total flat fee for the above-described scope of work: $[________________]
• Payment schedule:
• $[________________] due upon execution of this agreement
• $[________________] due on [__/__/____]
• $[________________] due upon completion

Florida Note on Flat Fees and Trust Account Rules (Rule 5-1.1): Under Florida law, the characterization of the fee determines trust account treatment:
- Earned-on-receipt flat fee / true retainer: A nonrefundable flat fee or true retainer is considered earned when paid and is the property of the lawyer. It should not be deposited into the trust account.
- Advance fee payment: An advance fee against which the lawyer will bill for future services must be deposited into the trust account and withdrawn only as earned.
- Important: The fee agreement must clearly state how the flat fee is treated and whether it is earned upon receipt or upon completion of services.

• ☐ Flat fee is earned upon receipt — Client acknowledges fee is nonrefundable once paid
• ☐ Flat fee is earned as services are performed — held in trust until earned

☐ Option C: Contingency Fee (Rule 4-1.5(f) — Written Agreement REQUIRED)

FLORIDA CONTINGENCY FEE REQUIREMENTS (Rule 4-1.5(f)): Florida requires that every contingency fee agreement be in writing, signed by the client, and the client must be given a copy of the signed agreement. The agreement must clearly and expressly state: the percentage(s) that accrue to the lawyer; whether the percentage varies depending on stage of resolution; how expenses and costs are deducted; and whether the client is responsible for costs if there is no recovery.

Florida Presumptive Fee Schedule (Rule 4-1.5(f)(4)(B)):

The following fees are presumed to be reasonable in personal injury cases. Fees exceeding these limits are presumptively excessive unless authorized by a court:

• Attorney's fee shall be [________]% of the gross recovery obtained.
• If the matter is resolved:
• Before filing suit or demand: [________]%
• After filing through trial: [________]%
• Post-trial / on appeal: [________]%

Florida Medical Malpractice Fee Limits (Florida Constitution, Art. I, § 26): In medical malpractice cases, the claimant is entitled to receive no less than:
- 70% of the first $250,000 in damages (excluding costs)
- 90% of all damages exceeding $250,000 (excluding costs)

A claimant may waive these fee limits with informed written consent and a signature that is notarized.

• Expenses and costs shall be deducted: ☐ Before ☐ After the contingency fee is calculated.
• Client is responsible for costs and expenses regardless of outcome: ☐ Yes ☐ No

Florida Closing Statement Requirement (Rule 4-1.5(f)(4)(B)(iv)): Upon conclusion of a contingent fee matter, the lawyer must provide the client with a written closing statement showing: the amount of the recovery; the attorney's fee; a list of all costs and expenses; and the net amount due to the client.

☐ Option D: Hybrid Arrangement

Description: [________________________________]
[________________________________]

2.2 Billing and Payment Terms

• Invoices will be issued: ☐ Monthly ☐ Bi-monthly ☐ Quarterly ☐ Upon completion
• Payment is due within [____] days of the invoice date.
• Payments may be made by: ☐ Check ☐ Credit Card ☐ Wire Transfer ☐ ACH
• A late charge of [____]% per month (not to exceed the lesser of [____]% annually or 18% per annum under Florida Statute § 687.02) will be assessed on balances overdue more than [____] days.

Florida Usury Note: Florida Statute § 687.02 sets the maximum lawful rate of interest at 18% per annum for amounts of $500,000 or less, and 25% per annum for amounts exceeding $500,000. Criminal usury applies to rates exceeding 25% per annum (§ 687.071).

3. Retainer and Trust Account

3.1 Initial Retainer

• An initial retainer of $[________________] is required before work commences.
• The retainer will be deposited into our trust account in accordance with Rules Regulating The Florida Bar, Rule 5-1.1.
• The retainer will be applied against fees and costs as they are incurred. Invoices will reflect amounts drawn from the retainer.

3.2 Replenishment

• If the retainer balance falls below $[________________], Client agrees to replenish the retainer to the original amount within [____] days of written notice.
• Failure to replenish the retainer may constitute grounds for withdrawal from representation pursuant to Rule 4-1.16.

3.3 Florida Trust Account / IOLTA Information

Florida Trust Account Requirements (Rule 5-1.1):
- All funds and property of clients or third persons received by a lawyer must be held in a separate trust account.
- Trust accounts must be maintained in a financial institution located in Florida approved by The Florida Bar.
- Nominal or short-term client funds must be deposited in an IOLTA account. Interest from IOLTA accounts is remitted to The Florida Bar Foundation to fund civil legal aid.
- Trust accounting records must be maintained for a minimum of six years (Rule 5-1.2(d)).
- Monthly reconciliation of trust accounts is required (Rule 5-1.2(c)).

3.4 Refund of Unearned Fees

Upon termination of the engagement for any reason, any unearned portion of the retainer or advance fee will be promptly refunded to the Client, as required by Rule 4-1.16(d).

4. Costs and Expenses

In addition to attorney fees, Client is responsible for all costs and expenses incurred in connection with the matter, including but not limited to:

• ☐ Court filing fees and service of process fees
• ☐ Deposition and transcript costs
• ☐ Expert witness fees and consulting fees
• ☐ Travel expenses (mileage, lodging, meals)
• ☐ Copying, printing, and scanning charges
• ☐ Postage and courier / delivery fees
• ☐ Online legal research charges (Westlaw, LexisNexis, etc.)
• ☐ Mediation fees (Florida requires mediation in most civil cases — Fla. R. Civ. P. 1.710)
• ☐ Arbitration fees
• ☐ Process server fees
• ☐ Guardian ad litem fees (if applicable)
• ☐ Other: [________________________________]

Costs and expenses will be: ☐ Advanced by the firm and billed to Client ☐ Billed directly to Client for payment before incurred

Florida Note (Rule 4-1.5(f) for contingency cases): For contingency fee matters, the written agreement must specify whether costs are deducted before or after the fee is calculated and whether the client is liable for costs if there is no recovery.

5. Client Responsibilities

Client agrees to:

• ☐ Provide complete, truthful, and timely information and documents relevant to the matter
• ☐ Respond promptly to all communications from this firm (within [____] business days)
• ☐ Appear at all scheduled court hearings, depositions, mediations, and other proceedings
• ☐ Keep the firm informed of any changes in contact information (address, phone, email)
• ☐ Pay all invoices and replenish retainers when due
• ☐ Not discuss the case with opposing parties or their attorneys without consulting this firm first
• ☐ Cooperate fully in discovery and document production
• ☐ Make timely decisions regarding settlement offers and litigation strategy

Failure to fulfill these responsibilities may impair our ability to represent you effectively and may constitute grounds for withdrawal under Florida Rule 4-1.16(b).

6. Communication Policy

6.1 Primary Point of Contact

• Lead attorney for this matter: [________________________________]
• Paralegal / assistant contact: [________________________________]

6.2 Response Times

• We will endeavor to respond to client inquiries within [____] business days.
• Urgent matters should be communicated by telephone to [________________________________].
• Routine status updates will be provided: ☐ Monthly ☐ As developments occur ☐ Upon request

6.3 Preferred Communication Method

• ☐ Email
• ☐ Telephone
• ☐ Secure client portal
• ☐ U.S. Mail
• ☐ Text message (for scheduling only)

6.4 Electronic Communication Confidentiality Warning

Important Notice: Email and other electronic communications are not inherently secure. While we take reasonable steps to protect confidentiality, there is a risk of interception by third parties. By consenting to electronic communication, Client acknowledges and accepts this risk. Under Florida Rule 4-1.6, a lawyer has a duty of confidentiality and must make reasonable efforts to prevent unauthorized access to client information.

7. Termination of Representation

7.1 Client's Right to Terminate

Client may terminate this engagement at any time, for any reason, by providing written notice to the firm. Client remains responsible for payment of all fees earned and costs incurred through the date of termination.

Florida Note on Contingency Fee Termination (Rule 4-1.5(f)(4)(B)(iii)): In a contingency fee case, if the client terminates the attorney, the attorney may claim a fee based on the reasonable value of services rendered (quantum meruit), which must not exceed the contract rate.

7.2 Attorney's Right to Withdraw

The firm may withdraw from representation as permitted under Rules Regulating The Florida Bar, Rule 4-1.16, including but not limited to situations where:

• ☐ Client fails to pay fees or costs when due
• ☐ Client fails to cooperate or follow reasonable advice
• ☐ Continued representation would result in a violation of the Rules of Professional Conduct
• ☐ Client engages in conduct that renders representation unreasonably difficult
• ☐ The matter has become financially unfeasible for the client to pursue
• ☐ Other good cause exists

Withdrawal is subject to court approval where required. Under Florida Rule of Judicial Administration 2.505, the attorney must file a motion to withdraw, and the court must approve the withdrawal before it is effective.

7.3 File Return

Upon termination, the firm will promptly return client documents and property upon request. The firm may retain copies for its records. Under Florida Rule 4-1.16(d), the attorney must take steps to protect the client's interests upon termination, including giving reasonable notice, allowing time for employment of other counsel, and surrendering papers and property.

8. Conflicts of Interest and Ethics Disclosures

8.1 Conflict Check

We have conducted a conflict check as of the date of this letter and have not identified any conflicts of interest that would prevent us from representing you in this matter. If a conflict arises during the course of representation, we will promptly notify you and take appropriate action under Florida Rules 4-1.7 and 4-1.9.

8.2 Waiver of Conflict (if applicable)

• ☐ A potential conflict of interest has been identified and is described as follows:
  [________________________________]
  [________________________________]

Client provides informed consent, confirmed in writing, to the conflict after full disclosure: ☐ Yes ☐ No

8.3 Former or Current Client Relationships

• ☐ This firm has previously represented or currently represents: [________________________________]
  in matters that are: ☐ Related ☐ Unrelated to the current engagement.

9. Limitation of Liability and Dispute Resolution

9.1 Fee Disputes

If a dispute arises regarding fees charged by this firm:

• ☐ The Florida Bar's Fee Arbitration Program may be available for resolution of fee disputes
• ☐ Client and Attorney agree to mediation through [________________________________] or a Florida Supreme Court certified mediator
• ☐ Fee disputes shall be resolved by litigation in the courts of the State of Florida

Florida Note: While Florida does not have a mandatory fee arbitration program like California or New York, The Florida Bar encourages resolution of fee disputes and provides resources for attorneys and clients. Clients may also file a complaint with The Florida Bar if they believe fees are clearly excessive.

9.2 Limitation of Liability

Florida Note: Under Florida Rule 4-1.8(h), a lawyer shall not make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement. A lawyer may not settle a claim or potential claim for malpractice liability with an unrepresented client without first advising the client in writing to seek independent counsel.

• ☐ No limitation of liability applies
• ☐ With independent counsel's consent, liability is limited to: $[________________]

10. No Guarantee of Outcome

Client understands and acknowledges that:

• No attorney can guarantee the outcome of any legal matter.
• Any expressions of opinion regarding the likely outcome or potential value of a case are based on the attorney's professional judgment and experience but are not promises or guarantees.
• The legal system is inherently uncertain, and outcomes depend on many factors beyond the attorney's control, including the actions of courts, opposing parties, witnesses, and government agencies.
• Past results in similar matters do not guarantee a similar outcome in Client's case.

11. Governing Law

This agreement shall be governed by the laws of the State of Florida and the Rules Regulating The Florida Bar. Any disputes arising from this agreement shall be resolved in the state or federal courts located in [________________________________] County, Florida, unless an alternative dispute resolution method is selected above.

12. Entire Agreement

This letter constitutes the entire agreement between the parties regarding the subject matter herein. It supersedes all prior oral and written agreements or understandings. This agreement may not be modified except by a written instrument signed by both parties.

13. Acknowledgment and Signatures

By signing below, Client acknowledges that:

• ☐ Client has read and understands the terms of this engagement letter
• ☐ Client has had an opportunity to ask questions about the terms
• ☐ Client agrees to the scope of representation described herein
• ☐ Client agrees to the fee arrangement selected above
• ☐ Client understands the contingency fee schedule (if applicable, per Rule 4-1.5(f))
• ☐ Client understands that no outcome is guaranteed
• ☐ Client has received a copy of this executed agreement

Attorney Signature

Attorney Name: [________________________________]
Signature: ______________________________________
Date: [__/__/____]
The Florida Bar No.: [________________]

Client Signature

Client Name: [________________________________]
Signature: ______________________________________
Date: [__/__/____]

If Client is an entity:
Printed Name of Authorized Representative: [________________________________]
Title: [________________________________]

14. Attachments Checklist

• ☐ Fee Schedule (if applicable)
• ☐ Contingency Fee Agreement per Rule 4-1.5(f) (if applicable)
• ☐ Closing Statement Template for Contingency Fee Matters (if applicable)
• ☐ Medical Malpractice Fee Waiver — Notarized (if applicable, per Fla. Const. Art. I, § 26)
• ☐ Conflict Waiver (if applicable)
• ☐ Trust Account Disclosure
• ☐ Notice of Limited Appearance (if limited scope, per Rule 2.505(f))
• ☐ Privacy and Electronic Communication Policy
• ☐ Client Intake Questionnaire
• ☐ Authorization for Release of Information
• ☐ Other: [________________________________]

Sources and References

• Rules Regulating The Florida Bar, Chapter 4 (Rules of Professional Conduct) — https://www-media.floridabar.org/uploads/2018/12/Ch-4-Dec-14-2018-RRTFB.pdf
• Rules Regulating The Florida Bar, Chapter 5 (Trust Accounts) — https://www-media.floridabar.org/uploads/2025/12/2026_06-DEC-Chapter-5-RRTFB.pdf
• The Florida Bar — Attorneys' Fees Public Pamphlet — https://www.floridabar.org/public/consumer/pamphlet003/
• Florida Bar — Types of Fees and When to Place in Trust — https://www.legalfuel.com/types-fees-and-when-to-place-in-trust/
• Florida Constitution, Article I, Section 26 (Medical Malpractice Fee Limits) — https://www.flsenate.gov/Laws/Constitution
• Florida Statute § 687.02 (Interest Rates) — http://www.leg.state.fl.us/statutes/
• Florida Rule of Judicial Administration 2.505 (Attorneys) — https://www.floridabar.org/rules/rrtfb/
• ABA Model Rules of Professional Conduct — https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. You must have this document reviewed and customized by a qualified attorney admitted to The Florida Bar before use.