Q: I need a mitigation attorney that can help be a negotiater for my 500ksettlement money

A: Sorry to hear about your mess. I think you are not using correct terminology - do you mean need a mediation attorney, that is, an attorney to mediate between your two attorneys? And if you mean that, have the two attorneys expressed a willingness to have a third person mediate between them, or has the Court ordered them to mediate? (And "go work this out" is NOT such an order.) If neither one, they may choose to ignore someone who calls them up and says, "Hi, I represent _____, and I'm here to mediate your dispute."

The person who mediates between two opposing parties does not actually have to be an attorney, just a qualified mediator, though it is good for the mediator to be an attorney due to his/her knowledge and experience. For mediation, the opposing sides choose a mutually acceptable mediator or request the Court to appoint one. Sounds to me that a would be a good idea for the attorneys to mediate - which they should pay for, not you. But they must voluntarily set up mediation unless court-ordered.

Regarding the attorney who is threatening you, if he is your current attorney of record, and his financial interest is in conflict with yours, he is ethically required to withdraw from representing you. If that happens, then you might need an attorney who handles civil litigation to take his place.

A: Here are the general rules governing private injury litigation in the State of Florida:

1. ALL contingency fee agreements MUST be in writing and signed by the client and by the lawyer. Period.

2. ALL lawyers requiring written contingency fee agreements must also provide the client with a written statement fully explaining the deal, and clearly details all of the responsibilities of BOTH the client and the lawyer. Period.

3. Failure to abide by the above two iron-clad rules may be enough to invalidate the lawyer's claim, period.

4. Florida law caps the percentage amounts based upon the total award. The HIGHEST percentage allowed is 40%.

5. Florida law also allows the lawyer to recover all their litigation expenses--which must be itemized in the final statement.

6. If a client discharges their lawyer and hires another lawyer, BOTH lawyers MIGHT be entitled to fees and costs.

7. ALL disputes among lawyers and clients are within the jurisdiction of the trial judge--who obviously is the best third party observer to know which lawyer did what work.

8. Most if not all judges (understandable) abhor post-trial litigation over attorney fees and litigation costs; and

9. That is why the judge in this case has ordered the two warring lawyers to "work it out between them."

ADVICE: BEFORE seeking a THIRD lawyer here, you should write a letter to the judge asking/suggesting that he or she APPOINT a NEUTRAL person--preferably a lawyer from way outside your local area--to MEET WITH YOU, the client, and then review both lawyers' hourly billing records and their documents supporting litigation expenses in preparation for rendering their professional recommendation to the judge.

MORE ADVICE: Since the third party NEUTRAL professional will have to be paid his or her reasonable fee, and since it appears that you (as plaintiff) may have already paid out waaaay too much to the two warring lawyers, the judge should also order the two warring lawyers to pay all the fees and expenses of the appointed professional on a pro rata basis AFTER the judge makes his final decision on who gets how much.