Legal Question in Credit and Debt Law in Florida

Being sued for attorney's fees

Does an attorney owe a fiduciary duty to a client which would prevent him from suing for his legal fees and attorney's fees for the fee collection suit when the client has been making regular payments and the balance is about 7% of the original bill? I am being sued because for 3 months, I was paying only $250 instead of $1500 monthly. He never replied to my explanation that the decreased payments were not meant to be insulting but were the result being temporarily unable to work due to an accident. However, instead of receiving a monthly statement for September (when I paid $600) I was served with a summons and complaint for an unpaid debt of $4400 (he was including interest) plus costs and attorney's fees. (Including October's payments, the balance is actually around $2000.) Am I wrong in believing that the suit is a ruse to increase his attorney's fees and, if so, how do I handle this in my reply to the suit?


Asked on 10/17/07, 1:53 pm

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Re: Being sued for attorney's fees

No, he does not owe you a fiduciary duty.

If you were supposed to make a minimum payment, and you failed to do so, you are likely in breach of your agreement with the lawyer. He or she has every legal right to bring suit against you.

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Answered on 10/17/07, 7:55 pm


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