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legalgems
legalgems, Lawyer
Category: Legal
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I have an attorney that I originally red and paid to do 2

Customer Question

I have an attorney that I originally hired and paid to do 2 cases (5 years ago). Over the course of time, I gave him other simple work (writing a legal letter,etc.) that he said he would not charge me for. He completed nothing. He is claiming he has no responsibility in anything (except the first cases) since he didn't have me sign any agreements and he didn't charge me. I repeatedly asked him, met with him, etc. and I also have told him that if he didn't have the time, no hard feelings to take the other things to another attorney. He kept telling me no, and that he would get it done. What is his responsibility?
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.

I'm reviewing this now, it will be a few more minutes. Thanks for your patience.

Expert:  legalgems replied 6 months ago.

Thank you for your patience;

in the top 10 suggestions on how to avoid malpractice, the American Bar Assoc ranks #6 as doing work for friends/family - please see:

https://apps.americanbar.org/legalservices/lpl/downloads/ten.pdf

The reason for this is it often leads to less documentation of the case due to the "informal" relationship which can then lead to misunderstandings, which can then result in a cause of action for negligence, or legal malpractice.

Whenever an attorney gives specific advice after reviewing a person's particular factual situation, that is "advice" versus information. The failure to execute a fee agreement does not negate that definition, nor does the issue of payment/nonpayment.

An article from the Bar also issued years ago a newsletter - Beware the Cocktail Party Client - here

It headlines:

there is no Good Samaritan rule for lawyers; if you volunteer negligent advice, you are liable for it"

Thank you for using Just Answer.
I hope the information provided was useful.

Here is a link to the bar association's legal referral site:
http://apps.americanbar.org/legalservices/lris/directory/

Should you have further questions please post here; otherwise kindly

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Thank you and take care!

Expert:  legalgems replied 6 months ago.

Relevant rules here:

https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0A266C6138C4A15685256B29004BD617/$FILE/RRTFB%20CHAPTER%204.pdf

and here:

https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0A266C6138C4A15685256B29004BD617/$FILE/RRTFB%20CHAPTER%204.pdf

Expert:  legalgems replied 6 months ago.

Checking to see if the above information was useful.

Thank you for using JA!

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