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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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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: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Rule of Professsional Conduct 4.1-5 covers this:

For a more helpful explanation, see this publication by the Florida Bar Association:

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: