My Lawyer Wants to Bring In Another Firm: Will It Cost Me More?

Bringing in a second law firm, known as co-counsel, is common in medical malpractice cases and almost never increases what you pay. Under Florida Bar rules, the two firms split one agreed-upon fee, not charge two separate ones, and you must approve the arrangement in writing before it begins. If your lawyer proposes this, it usually means your case needs specialized skills, not that something has gone wrong.

Why would my lawyer need another firm at all?

Medical malpractice cases are more complex than most injury claims. They require expert medical witnesses, deep knowledge of hospital protocols, and often courtroom experience with technical testimony. A lawyer who handles car crashes every day may not have the trial background or medical network needed to prove a doctor violated the standard of care. That is why firms sometimes bring in co-counsel: not because they are giving up on your case, but because they want to strengthen it.

This is different from the situation some clients fear: an internal hand-off to a different attorney at the same firm, which can feel like being passed around. A formal co-counsel arrangement is transparent, requires your written consent, and keeps both firms accountable. It is a strategic choice, not a red flag.

Will I actually pay more if two firms are working my case?

Generally, no. Your total contingency fee percentage should stay the same, and you should confirm that in the written agreement. The two firms divide that single fee between themselves. For example, if your contract says the lawyer gets 33 percent of any recovery, that number does not go up because a second firm joins. They split the 33 percent, one might get 25 percent and the other 8 percent, or some other division, but you still pay only 33 percent total.

Florida Bar Rule 4-1.5(g) makes this clear: fee splitting is allowed only if the total fee is reasonable and you agree in writing. Rule 4-1.5(f)(4)(D) adds that the firm with secondary responsibility is presumptively limited to 25 percent of the total fee. These rules apply to Florida lawyers who divide fees. Keep in mind that case expenses, like expert reports, depositions, and medical records, are separate from attorney fees and should be clearly listed in your agreement.

What do I have to sign, and what should that document say?

You must sign a written agreement before the co-counsel arrangement takes effect. This is not optional. The document must tell you that a fee split will happen, how it will be divided, which firm has primary responsibility for your case, and that the total fee remains reasonable. Under Florida Bar rules, the firm with primary responsibility should receive at least 75 percent of the total fee, while the secondary firm is capped at 25 percent unless unusual circumstances apply.

Do not sign anything vague. If the agreement does not name both firms, state their roles, and confirm your original fee percentage, ask for clarification. This paperwork protects you from the common fear of walking away with almost nothing because of fees. A proper agreement helps prevent that outcome. Confirm each detail with your attorney before signing.

Who will actually be handling my case, and can I speak with someone in Spanish?

One firm will be designated as having primary responsibility for your case. That firm should be your main point of contact and handle day-to-day communication. You have the right to know who that is and to speak directly with an attorney or qualified staff member when you have questions, not just leave messages with a general voicemail. If you were confused about whether your lawsuit was even filed, that signals a breakdown in communication that should not happen in a co-counsel setup.

At Wolfson & Leon, you can ask for a Spanish-speaking point of contact. This ensures you understand every step without relying on family members or translation apps. Clear, direct communication is part of ethical representation, especially when two firms are involved.

What questions should I ask before I sign anything?

Ask these questions before agreeing to any co-counsel arrangement:

1. Will my total fee percentage change?
2. Which firm is the lead firm on my case, and who is my main contact?
3. Can I have that contact in Spanish?
4. What role will the second firm play, trial work, expert coordination, or something else?
5. How will case expenses be handled and itemized?
6. Will I get updates from both firms or just one?
7. What happens to my case if the co-counsel arrangement ends?

These are fair, practical questions. A good lawyer will welcome them, not dismiss them. Some answers may be required by Florida Bar rules; others are just smart safeguards. Either way, get the responses in writing.

Frequently asked questions

Can my lawyer bring in another firm without telling me?
No. Florida Bar rules require your written consent before any fee-splitting arrangement with another firm can take place. You must be told who the other firm is and how the fee will be divided.

What is the difference between a co-counsel arrangement and a referral?
In a referral, one firm hands off the case entirely and typically receives a one-time referral fee. In co-counsel, both firms actively work on the case together, share responsibility, and split the fee based on their contributions.

If something goes wrong with my case, which firm is responsible?
Both firms may be held jointly liable for malpractice under Florida law. That means you could potentially seek recourse from either or both firms if legal errors harm your case.

Can I say no if my lawyer wants to bring in another firm?
Yes. You have the right to refuse the co-counsel arrangement. Your lawyer would then need to either handle the case alone or withdraw, depending on whether they believe they can competently represent you without help.

Does bringing in a second firm mean my case is in trouble?
Not at all. It usually means the opposite, that your lawyer recognizes the case needs extra skill or resources to succeed. Complex malpractice claims often benefit from collaboration.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.