Legal Question in Family Law in Florida
i recently paid a divorce attorney $7500 to handle a child support modification case that my ex has filed to get his support drastically lowered. I hired this attorney in July and have rarely talked to him, he has not updated me on the case etc. In October I started requesting statements from him asking to see what I have billed and what I have left on my account. He has not produced anything. I again asked him in early Nov and again on November 20th. He still did not reply. I have since emailed him letting him know I do not wish to have him be my attorney any longer and that I would be handling my case on my own and if he would please send me a detailed bill and a refund check. He certainly has not used up anywhere near my $7500....my guess is only $2500 at best. I have not heard from him. Who can I contact to get my money back and to get accurate copies of detailed bills? The Florida Bar? Who. Is this allowed? Shouldn't I be given a monthly statement of my account since July? What recourse do I have and how should I proceed?
4 Answers from Attorneys
You can contact the Florida Bar, and they will help you resolve the matter. Info from FL Bar website:
Attorney Consumer Assistance Program (ACAP): Our Client Assistance program is called the Attorney Consumer Assistance Program (ACAP). ACAP is the department that handles client complaints and even can resolve some problems before a complaint is filed. Call the ACAP Hotline - 866/352-0707.
Contact the Florida Bar and file grievance. www.FlaBar.org
You'll aslso want to check to see if you retained the lawyer on a flat fee basis, meaning that you paid $7500 regardless of how much or how little the attorney works. If so, it should say in your contract with the lawyer.
Read your contract with the attorney - if you signed a flat fee contract - it probably states no refund. You should contact the Florida Bar and forward them a copy of the contract, you may or may not have a case. You should have went to the attorney's office and asked to speak with him. Probably not too late. You might mention while at his office that you intend to file a complaint with the Florida Bar.