More details to this question:
I paid a firm up front regarding a divorce-related retirement plan disbursement issue, the cost included all relevant filings, consultations/phone calls, mailings, etc. This was at the end of 2012. To date, I have have much difficulty in getting them to call me back, have had to file a complaint with the Better Business Bureau against them and not a single document has been filed with the court. When I can get a call back, it results in them telling me we are waiting on some other entity (the other party, the court, etc.) to send or sign something. Since the end of April 2014, I have been "waiting on a document from the court" which was to be sent to me to sign "within 2 weeks". I have since done my own research with the court, and there is no such document, as nothing has been sent, filed, nada. I am currently waiting on a call-back so I can actually fire this firm, and it has been 5 business days since my call to them. Since they have previously called me back and sent me original documents (way back in 2012), is there any recourse for me to get my money back, or at least some of it, as they haven't even filed what they sent me to sign back in 2012?
3 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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You should consult with another attorney about your actual underlying divorce-related retirement plan disbursement issue to obtain another opinion about that case, and possibly learn of the actual status of your case as handled by the first law firm. You should also schedule an office appointment with the attorney at the first law firm to go over the status of your case and address all of your concerns. If you are unsatisfied after obtaining the other opinion and then having the office conference with the first attorney, and you are unwilling to allow the first attorney to rectify any problems or the first attorney is unwilling to do so, then you should engage other counsel but you probably should not terminate the first attorney until you have actually engaged new counsel, so that you are not completely without representation for any period of time. Ultimately, if you feel that your case was not handled properly or there were ethical violations which you can prove, you may have recourse, but bear in mind that the terms of your retainer agreement or engagement letter may impact both the first law firm's and your responsibilities to each other and may control whether or not you are in a position to pursue any recourse of the different types that may generally be available to you. Start by getting another opinion and bring the other attorney all of the relevant documents, letters, pleadings, etc., as well as your retainer agreement or engagement letter with the first law firm.
Answered on Jun 11th, 2014 at 8:50 PM
The BBB is not the place to file your complaint. File your complaint with the Florida Bar. Here is the link: http://www.floridabar.org/tfb/TFBConsum.nsf/0A92A6DC28E76AE58525700A005D0D53/37E34BBB81F1EE4E85256C0D00703FF4. The filing of the complaint will probably get things moving forward for you. Good luck. Referrals are always appreciated.
Answered on Jun 11th, 2014 at 8:50 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File complaint with the Florida bar, not bbb.
Answered on Jun 11th, 2014 at 6:07 AM