Legal Question in Family Law in Florida
I brought in an entire file to a attorney. Now, he refuses to release it to me until I pay him what he says I owe him even though it's not the original agreed upon amount. Can he legally hold personal property of mine? This is in Florida. The florida Bar says It's not ethical and not allowed. There has been 2 attorneys on here that say it is legal. Which answer is correct?
2 Answers from Attorneys
The attorney has a right for a retaining lien for your file on the work he generated on your behalf. The attorney is required to return the documents you provided and perhaps bill you for postage.
Depends on your question. If you actually gave documents to an attorney, those documents can be returned. Any workproduct belongs to the attorney. If you signed a contract then what ever the contract states is the amount you would owe the attorney. Your question posed may not have been as explicit as your conversation with the Bar. I suggest you file a complaint against the attorney who is retaining your documents.
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