Billable Hours

Lawyer Fee Of $1.53/Hour? We Have Finally Hit Rock Bottom, Folks!

When a Florida law capped an attorney at $1.53 an hour, the Florida Supreme Court finally stepped in and called shenanigans.

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small law firm bonus bonuses coins change counting spare changeRuminate on that fee for a second.

In Florida, a state law pushed by low energy has-been Governor Jeb “Jeb!” Bush capped attorney fees in workers’ compensation cases to keep insurance rates in check by functionally robbing claimants of effective counsel. To be specific, the law capped attorneys at a percentage of the eventual award, which in a number of cases will be a figure so low that lawyers have little incentive to diligently pursue the case or even take on the case.

But earlier today, the Florida Supreme Court issued its opinion declaring the law unconstitutional in a case where an attorney was capped at earning $1.53 for his time and effort — to be exact, $164.54 for more than 100 hours of work.

Justice Barbara Pariente wrote in the opinion:

“This case, and many others like it, demonstrate that despite the stated goal, oftentimes the worker experiences delay and resistance either by the employer or the [insurance] carrier,” wrote Pariente, who was joined in the majority by Chief Justice Jorge Labarga and justices R. Fred Lewis, Peggy Quince and James E.C. Perry. “Without the likelihood of an adequate attorney’s fee award, there is little disincentive for a carrier to deny benefits or to raise multiple defenses, as was done here.”

Funny that. This whole “adversary not having a lawyer” thing seems like a real boon if you’re the party holding all the marbles.

Mark Wilson, Florida chamber president and CEO, said in a prepared statement the “potential impact of the high court’s ruling could threaten Florida’s improving business climate. The Florida Chamber remains laser focused on ensuring workers’ comp rates are fair, and we will lead the effort before lawmakers and in the halls of justice to ensure the voices of job creators are heard.”

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Obviously there’s an interest in protecting the business community — in capping fees even — but as the Florida Supreme Court points out, though “reasonability” may be a sliding standard it doesn’t slide all the way to $1.53. And when a lawyer is unable to offer any challenge to the fee kicked out by a predetermined formula — no matter how low — that law makes a mockery of due process.

The decision kicks the issue back to the state legislature who have to come up with a solution that at the very least allows lawyers to challenge the reasonability of the cap based on the circumstances of the case.

We still don’t know how little you can pay an attorney — South Carolina is still out there — but to paraphrase Justice Potter Stewart, $1.53/hour is a case where we know a screw job when we see it.

(Check out the full majority opinion and dissents on the next page…)

Court calls $1.53 an hour lawyer fee unconstitutional [Orlando Sentinel]

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Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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