Legal Question in Credit and Debt Law in Florida
Attorney's procedures to collect attorney fees
Are there legal or ethical violations to an attorney that garnishes the joint checking accounts of a husband and wife, for fees the attorney claims due him/her for services used by just the wife, while not married to the husband?
1 Answer from Attorneys
Re: Attorney's procedures to collect attorney fees
The ethics answer depends upon the underlying motive the attorney. If he is unaware of the sources of the funds in the account, or unaware of the exact style of the account, there should be no violation. If done to be vindictive to the husband, knowing the money in theaccount is his then another answer may be appropriate. The legality of the garnishment is in a state of flux. See the April 1999 issue of The Florida Bar Journal at page 60. My feeling is, in a vacuum, the garnishment is not an abuse of that process.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave
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