Legal Question in Appeals and Writs in Florida

Retainer - refundable or no?

Early in 2007 I was sued by a construction company because of an internet posting that listed the specifics of my mother's dealings with them in reference to purchasing a home in South Florida. I hired an attorney to defend my case. I sent him a retainer and some additional funds and we won the case. The construction company decided to appeal the case. My attorney advised me that he would recommend that he hire an appeals attorney specialist and that he would need about $12k to do so, which I wired to him. No contract was signed with my attorney - he told me verbally the funds would be needed to hire the appeals attorney. However, soon after the construction company decided to drop the appeal. The appeals attorney was never hired or needed. This happened back in August of '07 and I wasn't informed of the case being dropped until November of '07. I finally received their final bill last week after several attempts to contact them.. Do I have a right to all or some of my $12k back? I am! in California and my attorney is in Florida. Thank you!


Asked on 2/29/08, 10:29 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Retainer - refundable or no?

You have a right to a full accounting and a refund of your unused funds. Demand it in writing with a time limit stated to the Florida and CA attorneys, and follow up with a complaint to the state bar[s] if you don't get it in a reasonable time.

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Answered on 2/29/08, 12:17 pm
Robert Garven Robert Garven, Esq.

Re: Retainer - refundable or no?

I am a Florida attorney. I believe that you may have a legitimate claim. You certainly should have been promptly notified of the termination of the appeal against you. Moreover, the Florida Bar recommends/requires written agreements.

You may contact me to discuss: [email protected]

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Answered on 2/29/08, 10:45 am


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