Legal Question in Real Estate Law in Florida
An attorney we had previous relations with requested a $7000 retainer. To our knowledge no work was done and when he indicated he was closing our file, we asked for an accounting and possible refund.
He now claims it was a non-refundable retainer. However, no agreement of any kind was presented or executed. He claims there is a form with our name on it in the file, but it is only a draft.
Does the Florida Statute address this issue. How can he refuse if no agreement was ever presented or executed?
1 Answer from Attorneys
An attorney should not keep money which he did not earn, and any flat non-refundable retainer should have been in writing. If the attorney refuses to return your money, or to provide an accounting of the work performed, you should call the Florida Bar to assist you in resolving the matter. The FL Bar's Attorney Consumer Assistance Program (ACAP) handles these complaints and can be reached at 866-352-0707. You can also find more information at www.floridabar.org under Public Information > client assistance.
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