Q: Is it typical for an attorney demand 33 1/3%-40% plus a contingency contract referring to advanced and inhouse costs

A: Florida lawyers are allowed to charge up to 40% based on the NET amount recovered; "net amount" means the amount remaining AFTER the lawyer recovers all the costs and expenses of the litigation paid by the lawyer.

A: Your inquiry is vague as to whether you are considering hiring the attorney or already hired him, with this subject coming up at the conclusion of the case. If you already hired him/her, you are bound by the terms of your retainer agreement, assuming the agreement complies with Fla. Bar rules for contingency contracts. I'm guessing that you have not yet hired an attorney.

An attorney cannot "demand" that you enter into any fee/cost arrangement; rather, he/she can propose a retainer agreement, with it being up to you whether to hire him/her or shop around. Once you sign a retainer agreement, you still have three business days to change your mind. The routine contingency fee arrangement for personal injury cases is indeed 33 1/3% if there is a recovery with no suit filed or with suit filed but then quickly settled without the defendant answering the complaint, 40% if there is a recovery after an answer is filed, and 45% if there is a recovery following an appeal - PLUS all costs that the attorney/law firm has spent on the case. The client's net recovery is the gross recovery minus fees/costs and minus any liens on the case, such as for medical bills.

The Fla. Bar rules permit this type of agreement, with certain conditions, such as the requirement that you sign a Statement of Client's Rights. One of the client's rights is the right to negotiate the terms of the agreement as you can with any other kind of contract. The attorney may or may not be interested in taking the case upon any terms other than what he/she proposed to you.