How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I paid an attorney a retainer but did not sign an employment

Customer Question

I paid an attorney a retainer but did not sign an employment contract with him. After services were performed the attorney never sent me a final statement. Now it is 2 years later and I still have not received a statement.
I called the office and requested and was emailed a "prebill" showing me a credit. His staff stated that this was the only statement.
I requested from the attorney a copy of the employment contract with him but he did not send it to me. Attorney refuses to refund the unused portion of the retainer claiming that he charged me a flat fee. He can't substantiate this with an employment agreement or a final statement.
What Florida Laws apply as to requiring an employment agreement prior to performing legal services, and requirements for sending a final billing statement in a timely manner?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Rule of Professsional Conduct 4.1-5 covers this: https://www.floridabar.org/divexe/rrtfb.nsf/FV/A8644F215162F9DE85257164004C0429

For a more helpful explanation, see this publication by the Florida Bar Association: http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/afb630a0b709b85b85256b2f006c61d1?OpenDocument

For assistance in dealing with an attorney in a fee dispute issue, the Florida Bar (like most state bar associations) offers a specific dispute resolution forum to assist clients - see: http://www.floridabar.org/DIVCOM/JN/JNNews01.nsf/Articles/4E39CA8BA77540C885257A4F0052AE64