As a general rule, the attorney and client may structure their contingent fee agreement as they choose. But Florida law sets limits for the percentage of recovery that an attorney may charge. If the agreement exceeds those limits, it will be presumed to be excessive unless prior court approval is obtained to allow the attorney to charge more than the presumptive limit. Different limits are established for different stages of the litigation. Through the time of filing an answer or a demand for appointment of arbitrators, the contract may provide for a recovery of 33 1/3% up to 1 million dollars.