Automated Summary
Key Facts
This case involved personal injury and property damage claims brought by Javier G. Herezi against 31-W Insulation Co., Inc. and Huntsman Building Solutions (USA) LLC regarding improper spray foam insulation installation. The parties reached a settlement on September 4, 2025, and the case was administratively closed. Plaintiff's counsel from two law firms (Wooten and Fisher Rushmer) filed a Joint Motion seeking approval to divide attorney fees at a 60%-40% ratio. The Court approved this fee division based on the co-counsel relationship established between the firms and the proportional services each performed.
Transaction Type
Court order approving attorney fee division between two law firms in a construction-related personal injury and property damage case
Issues
- Plaintiff's counsel from two different law firms (Wooten, Kimbrough, Damaso & Dennis, P.A. and Fisher Rushmer, P.A.) requested court approval to divide attorney fees at a 60%-40% ratio, which deviates from the standard 75%-25% rule for contingent fee divisions. The court must determine whether this non-standard division is appropriate given the circumstances of the case.
- The court examined whether the two law firms established a co-counsel relationship that would permit the 60%-40% fee division under Rule 4-1.5(f)(4)(D)(iii) of the Rules Regulating the Florida Bar. The analysis focused on whether both firms assumed joint responsibility for representation, provided substantially equal active participation, and whether the fee arrangement was proportionate to the services each firm performed.
Holdings
The United States Magistrate Judge grants the Joint Motion for Approval of Attorney Fee Division between Wooten, Kimbrough, Damaso & Dennis, P.A. and Fisher Rushmer, P.A., authorizing a 60%-40% fee split based on their co-counsel relationship and respective services in personal injury and property damage claims. The court finds the division is proportional to services performed and was properly disclosed to Plaintiff, with counsel's recovery of contingent fees limited to that allowed under Rule 4-1.5(f)(4)(B)(i) of the Rules Regulating the Florida Bar.
Remedies
The Court grants the Joint Motion for Approval of Attorney Fee Division pursuant to Rule 4-1.5(f)(4)(D) of the Rules Regulating the Florida Bar. The fee division is approved at 60% to Wooten, Kimbrough, Damaso & Dennis, P.A. and 40% to Fisher Rushmer, P.A., with the contingent fee recovery limited to that allowed under Rule 4-1.5(f)(4)(B)(i). This approval recognizes the co-counsel relationship established between the two firms and the substantially equal active participation in the litigation.
Legal Principles
Rule 4-1.5(f)(4)(D) of the Rules Regulating the Florida Bar governs how attorneys from different law firms may divide contingency fees in personal injury, property damage, products liability, or death/loss of services cases. The standard rule requires the lawyer assuming primary responsibility to receive a minimum of 75% of the total fee, with secondary responsibility limited to 25%. However, where lawyers establish a co-counsel relationship with substantially equal active participation, courts may authorize fee division in excess of 25%. A co-counsel relationship exists when lawyers have established a special partnership agreement that provides for sharing of services or responsibility based on their particular expertise or established lines of division such as liability and damages, causation and damages. For such fee divisions, the petition must be sworn, disclose services in detail, contain a certificate showing service on the client, and be timely filed. The court must determine whether a co-counsel relationship exists before approving non-standard fee divisions.
Precedent Name
- Hardy v. Knoul
- Wright v. Ford Motor Co.
- Navelski v. Int'l Paper Co.
- Frank v. Kohl's Dep't Stores, Inc.
- K.S. v. Sch. Bd. of Orange Cnty.
- McCrimmon v. Centurion of Fla., LLC
Cited Statute
Rules Regulating the Florida Bar
Judge Name
Judge Philip R. Lammens
Passage Text
- Counsel established joint legal responsibility for Plaintiff's representation with written disclosure, Plaintiff's consent via signed authority agreement, and the fee arrangement was disclosed in writing with no objection from Plaintiff.
- The Joint Motion for Approval of Attorney Fee Division Pursuant to Rule 4-1.5(f)(4)(D) is GRANTED, with counsel's recovery of contingent fee limited to that allowed under Rule 4-1.5(f)(4)(B)(i) of the Rules Regulating the Florida Bar.
- The Court finds that counsel has established a co-counsel relationship and approves the 60%-40% fee division between Wooten and Fisher Rushmer as proportional to services performed, with Wooten handling personal injury claims and Fisher Rushmer leading property damage claims.