Hiring a Bankruptcy Lawyer in Florida
How bankruptcy lawyers are paid, the Florida means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Florida: fee rules
| Rules on contingency fees | Florida requires every contingent fee arrangement to be a written contract signed by the client and a lawyer for the firm, stating the percentages on settlement, trial or appeal and the costs deducted (and whether before or after the fee); the client gets a copy and, at the end, an itemized closing statement. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. In personal injury, wrongful death and property damage tort cases, the client must first receive and sign a Statement of Client's Rights, and the contract may be cancelled in writing within 3 business days. Without court approval, fees above these levels are presumed clearly excessive: before an answer is filed (or demand for arbitrators), 33 1/3% of any recovery up to $1 million, 30% of $1-2 million, and 20% above $2 million; after an answer through judgment, 40% up to $1 million, 30% of $1-2 million, 20% above $2 million; if all defendants admit liability and ask for trial on damages only, 33 1/3% up to $1 million, 20% of $1-2 million, 15% above $2 million; plus an additional 5% if an appeal or post-judgment action is needed. In medical liability cases the lawyer must also give the client the text of Florida Constitution article I, section 26 (which, unless waived, entitles the claimant to at least 70% of the first $250,000 of damages). |
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| If you disagree with a lawyer's bill | The Florida Bar's Legal Fee Arbitration Program is free and voluntary: either the lawyer or the client can start it, but both must consent by signing an Agreement to Arbitrate. An arbitrator hears testimony, reviews evidence and makes a final and binding decision. Consumer guide: https://www.floridabar.org/public/consumer/pamphlet009/ |
| If a lawyer takes your money | The Florida Bar Clients' Security Fund, financed by part of Bar members' dues, may provide discretionary relief to people who lost money because a Florida lawyer misappropriated it during an attorney-client relationship. The lawyer generally must have been suspended, disbarred or had a license revoked (or have died), and a grievance must be filed unless the lawyer was already disbarred, revoked or deceased. Limits: unearned fees up to $5,000 (only if no useful services were provided) and misappropriation up to $250,000; damages, expenses and lost interest are not paid, and negligence, malpractice and fee disputes are not covered. File within three years of the final disciplinary action or the lawyer's death; processing often takes more than 12 months, and theft claims are paid once a year (prorated if funds are short). |
Florida rules to know first
| Standard Chapter 13 lawyer fee | Northern District of Florida: the court's page on attorney fees in chapter 13 cases under (Amended) Standing Order No. 19 lists the presumptively reasonable ("normal and customary") fee for preparation and filing of a "routine" chapter 13 case as $5,000.00, effective November 16, 2023; it also lists $250.00 for preparation of annual statements and $500.00 for modifications to plan increasing plan base (both effective May 31, 2013). Middle District of Florida: the Amended Order Establishing Presumptively Reasonable Debtor's Attorney's Fees in Chapter 13 Cases for the Tampa and Fort Myers Divisions (filed 08/11/23), effective in cases filed on or after August 11, 2023, allows up to $5,000 for all bankruptcy-related matters required for the successful confirmation and completion of a debtor's case, plus a monthly monitoring fee of up to $50 per month after confirmation for routine postpetition services; $1,800 (up to $2,500 if complex) for the Mortgage Modification Mediation program; and $1,500 for the Student Loan Management program; no fee application or contemporaneous time records are required absent an objection or court order. The court's district-wide procedure page (last revised 8/14/2020) lists $4,500.00 for all bankruptcy related matters required for successful confirmation and completion of a debtor's case. Southern District of Florida: Court Guidelines CG-6 (rev. 06/01/2026) provide that, unless a vesting order has been entered, a base fee of up to $5,000.00 per case plus up to $200.00 in estimated expenses per case for a chapter 13 debtor's attorney is presumptively reasonable and allowed without a fee application; the fee must include, at a minimum, listed services such as verifying identity and eligibility, explaining the debtor's duties, and timely preparing and filing the petition, schedules and plan. Middle District Tampa/Fort Myers order: https://pacer.flmb.uscourts.gov/administrativeorders/DataFileOrder.asp?FileID=69 ; Middle District procedure page: http://www.flmb.uscourts.gov/proguide/documents/Procedure/Presumptively_Reasonable_Attorney_Fees_Ch13.pdf?id=1 ; Southern District CG-6: https://www.flsb.uscourts.gov/sites/flsb/files/documents/clerks_guidelines/Guidelines%20for%20Compensation%20for%20Professional%20Services%20or%20Reimbursement%20of%20Expenses%20by%20Attorneys%20for%20Chapter%2013%20Debtors%20%28CG-6%29_0.pdf |
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| Means test median income | 1 person: $69,876; 2 people: $86,523; 3 people: $97,540; 4 people: $114,761; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026). The U.S. Trustee updates this table periodically; check https://www.justice.gov/ust/means-testing for the table in effect on the filing date. The table's one-person column is labeled "1 EARNER." Income at or below the median for the household size generally means the Chapter 7 means test's further calculations are not required. |
| Homestead exemption | No dollar limit. Outside a municipality: up to 160 acres of contiguous land and improvements. Inside a municipality: up to one-half acre of contiguous land, limited to the residence of the owner or the owner's family. Does not protect against taxes and assessments on the property, purchase-money or improvement loans, or certain labor liens. Federal bankruptcy law (11 U.S.C. 522(p)) separately caps the amount of a homestead interest acquired during the 1,215 days before filing when state exemptions are used; the cap is adjusted periodically. Source: Fla. Const. art. X, § 4(a)(1) |
| State or federal exemptions | Florida filers must use Florida's exemptions: "residents of this state shall not be entitled to the federal exemptions provided in s. 522(d)." Source: Fla. Stat. 222.20 |
Find and check a lawyer
| Lawyer referral service | The Florida Bar Lawyer Referral Service matches you with a lawyer based on your legal issue and location after you briefly describe your situation. "You can receive a 30-minute consultation for no more than $25." Call 800-342-8011 (weekdays 8:00 a.m.-5:30 p.m.) or use the online referral form, available 24/7. Local bar associations run nine referral services in Florida's major cities, and The Florida Bar handles referrals from all other areas. The service does not have pro bono lawyers. Coverage areas: https://www.floridabar.org/public/lrs/coverage-areas/ |
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| Check that the lawyer is licensed | The Florida Bar's member search ("Find a Member") lets you look up Florida lawyers by name, Bar number (exact match), city, county, state or country, with filters for eligible lawyers only, board certifications, practice areas, law schools and languages. Source: The Florida Bar, Find a Member |
| Check discipline history or file a complaint | The Florida Bar's Attorney/Consumer Assistance Program (ACAP) is a resource for people who want to discuss concerns about a lawyer's conduct: call 866-352-0707. To file a formal Bar complaint, download the complaint form, review the instructions and submit it as directed. The Bar publishes a monthly summary of disciplinary actions and instructions for viewing discipline documents. The Florida Bar: 651 E. Jefferson St., Tallahassee, FL 32399; 850-561-5600. Filing a complaint: https://www.floridabar.org/public/acap/filing-a-complaint/ ; Discipline documents: https://www.floridabar.org/public/acap/instructions/ |
Free legal help
| Free legal aid | Florida's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Bay Area Legal Services, Coast to Coast Legal Aid of South Florida, Community Legal Services of Mid-Florida, Florida Rural Legal Services, Legal Services of Greater Miami, Legal Services of North Florida and Three Rivers Legal Services. The Florida Bar's referral page also points people seeking free or low-cost help to Florida legal aid programs listed at fundingfla.org. Florida Bar LRS page: https://www.floridabar.org/public/lrs/ |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.