Legal Question in Consumer Law in Florida

bill/staement

Is it required by law or the Rules of Practice, that an attorney must disclose to a potential client prior to giving an insight to a potential case?

I was inquiring with an attorney over the phone to see whether or not I would even need any representation regarding a employment contract. During the initial brief call, he asked me to send him the contract so he could know what I was referring to. He promptly emailed me a response stating he would be happy to discuss it after he received it. I called him and we discussed it.

Three days later I receive a bill/stament for that. I understood the communications to be preliminary to even determine whether or not I would even need an attorney. It never even come to a point where I would interview him on his credentials either. At no-time whatsoever was a fee ever discussed, implied, expressed, contracted, or agreed upon. Never.

I did phone him regarding the bill in order to resolve it He took his position and I took mine.

I later phoned the Bar Assoc. and they stated, prior to filing a complaint, I should send him a letter certified mail in attempt to resolve this issue. Am I obligated to pay?


Asked on 4/20/08, 10:22 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: bill/staement

If there was no discussion about a fee or about payment, then there was no contract and you have no obligation to pay. It is unlikely that the lawyer would sue you for such a small amount. It is not worth the time or the effort. Possible, but not likely. If it was me, I would just ignore it. If you get a bill, just write back saying that you had no contract and there was no discussion of a fee for the call.

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Answered on 4/20/08, 12:40 pm


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