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The lawyer we hired to handle my mother in laws estate has…

Customer Question
The lawyer we hired...

The lawyer we hired to handle my mother in laws estate has been horrible. we just keep getting excuse after excuse why checks cannot be written out of the money to pay POD's , after several meetings and visits to their office every week it's another excuse why, and plus the papers to file probate was never sent to us until one last visit in person to talk to a receptionists, the last two months we thought it had been filed, until those papers arrived that had to be signed to allow this attorney to file. These should have been given to us several months ago. I asked for bank records, no can't it's on QuickBooks, waiting for checks to clear. checks cleared a month ago. every week there is an excuse. I think they are floating the money in our account and we feel trapped can't start over somewhere else we already paid this guy $3000.00 plus three meetings #250.0-$250.00

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

The probate was filed two months after we thought it already had been, paper needed to do so we never received until into the second months my husband personally went to the office and 'surprise' the following Monday they arrived in the mail. should have been done two months prior

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just feel stuck with this firm and that they are holding our money or floating it. excuse after excuse. latest one today sorry can't pick up checks tomorrow maybe end of this week, sure I said end of month more interest.

Submitted: 4 months ago.Category: Legal
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Answered in 16 minutes by:
11/28/2017
Lawyer: Blake, Lawyer replied 4 months ago
Blake
Blake, Lawyer
Category: Legal
Satisfied Customers: 107
Experience: Counsel at Warningstar Intelligence
Verified

Hello, I am a licensed attorney with JustAnswer and I will be happy to help you with this. Please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship. Please wait one moment while I review this matter for you.

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Lawyer: Blake, Lawyer replied 4 months ago

First of all, I am very sorry to hear that you are going through this.

The Supreme Court of Florida has stated that "all nominal or short-term funds belonging to clients or third persons which are placed in trust with any member of The Florida Bar practicing from an office or other business location within the State of Florida shall be deposited" into an interest-bearing IOTA trust account. Rule 5-1.1(g). See also 538 So.2d 448 (Fla. 1989).

If your attorney has taken possession of the funds that are due to you, but has not released them to you, nor deposited them in an IOTA trust account which is separate from the law firm's personal funds, then they are in violation of the Florida Rules of Professional Conduct.

If you suspect that this is the case, then you can make a complaint here: https://www.floridabar.org/public/acap/

Please note the page linked above also has a telephone number that you can call in order to resolve the issue before making a complaint. That number is: 1-***-***-****.

You might want to start by calling that number first and see what they can do for you. As the website explains, that number is ***** the Attorney Consumer Assistance Program (ACAP). ACAP staff, including attorneys, handle complaints and may be able to resolve problems before a complaint is filed.

I hope you find this information helpful. Once again, I am very sorry to hear that you are going through this, and I wish you all the best with this situation.

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Category: Legal
Satisfied Customers: 107
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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