Legal Question in Legal Ethics in Florida

I live in California and hired a Florida attorney to help me with a legal matter in Florida. There were a lot of problems like failing to draw up an Agreement when one was reached; failing to return phone calls in a timely manner (weeks) promising to perform and then not doing so, etc. I finally stopped using this attorney and I have to hire another attorney to start all over. At the time I hired this attorney I was to pay $250 per hour. The atty then decided that an intern would handle my case at $150 per hour. Even though I had no contact with the atty, I started receiving stmts billed at $250 per hour. When I started disputing the stmts, the atty ignored my requests and started billing me for time to send stmts, time to send collection letters, finance charges and postage. The atty states I signed a retainer agreement agreeing to these charges, yet won't give me a copy. (A retainer agreement was never given to me to ever sign) The atty also refuses to acknowledge my dispute and only sends me letters threatening to send me to collection or sue me instead. I have paid all the amounts billed that are undisputed. What are my options? Does an attorney have to have a signed retainer agreement in Florida? I am feeling like the atty only wants to harass and bully me and instead of resolving this matter at all.


Asked on 8/07/09, 7:11 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It is not required to be in writing, but it is certainly the better practice to do so to avoid confusion about the terms. You really need to speak with someone about your options -- one of which is to ignore him to see if he really does sue you. Call me Monday if you want to discuss the issues relevant to your dispute. No charge -- just call. E-mail me directly with any supporting documents of information that you may have.

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Answered on 8/07/09, 7:53 pm


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