Legal Question in Family Law in Florida

Attorney Charge and Behavior - Proper or Not

I'm involved in a divorce action. I informed my attorney that I'd run out of money (after paying a $7,500 retainer and owing another $7,000). I then told him that I had a joint investment account (with my soon to be ex) of about $250,000. When he heard this he stated that he'd continue the case. He then proceeded to file a motion to divide the joint account in three (one third for debts, one third to go to the ex, and one third for an account held in the attorney's office, in which he'd take out what I owed and a retainer to proceed, I would have access to the rest). The attorney didn't ask for my approval, nor was I informed in advance. Because I wasn't consulted, the motion was written in a way unacceptable to me, and that the broker couldn't comply with (he put the incorrect acct number as well as requested a dollar amount as opposed to # of securities retained, the broker couldn't do as they can't predict market growth). This resulted in a month delay, as well as e-mails/discussions between brokerage and my attorney, and various new iterations of a revised motion. Am I supposed to be responsible for the cost of the first motion and all of the calls/e-mails due to his unilateral action? Is his behavior ethical?


Asked on 2/12/08, 1:26 pm

2 Answers from Attorneys
James Hart The Hart Law Firm, P.A.

Re: Attorney Charge and Behavior - Proper or Not

That's a really tough question. I would defer you to the bar consumer assistance program. Visit www.flabar.org for the phone number. They can steer you in the right direction.

Beware that if you do decide to ultimately file a complaint, you will need to find a new attorney which will cost you more money.

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Answered on 2/12/08, 5:20 pm

Re: Attorney Charge and Behavior - Proper or Not

This is a difficult question to answer without seeing your Representation Agreement. I would suggest contacting the Florida Bar. They can provide you with an opinion concerning this transaction to pay legal fees.

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Answered on 2/15/08, 8:56 am


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