The Florida Bar Board of Governors has voted to oppose Amendment 3, a proposed constitutional amendment on the Nov. 2 general election ballot that would limit lawyers’ contingency fees in medical malpractice and possibly other legal matters.
Bar President Kelly Overstreet Johnson said that “the amendment strikes at fundamental legal rights and will limit citizen access to our court system, which is of immense concern to the Bar. The Bar’s role is to regulate lawyers and protect access to the courts, both of which are affected by Amendment 3.”
The proposed amendment — backed by the Florida Medical Association — would limit contingency fees to 30 percent of the first $250,000 awarded and to 10 percent above that amount. The fact that the amendment would further damage a citizen’s freedom to contract was another concern voiced by Bar leaders.
“Amendment 3 would place unreasonable limits on the ability of private parties to contract in the normal course of legitimate business, setting a dangerous precedent not only for lawyers but for other professionals,” said Johnson.