QUESTION
Can I get my retainer fee back if there is no fee agreement?
Asked on May 28th, 2017 on Domestic Violence - Florida
More details to this question:
I received Final Judgment of Injunction Against Stalking on 3/31/17. I hired a lawyer 4/6/17 to file Motion for Rehearing & gave her $3000 for retainer. I received NO fee agreement, NO engagement letter, nothing signed in writing, just a receipt for my credit card $3000 retainer payment. This does not seem to be ethically compliant. I may drop my case. Can I get back the balance of my retainer money?
1 ANSWER
Most attorneys enter into a written agreement regarding fees with a client to avoid any misunderstanding at a later date. A written agreement, however, is not mandatory. If the $3000 was for a retainer and it was going to be non-refundable, the Bar does require the agreement to be in writing.
With that said, my suggestion is that you contact the attorney and ask for an itemized bill, showing the amount of time spent on your case and the hourly rate charged. Then I would suggest speaking with the attorney if you believe a refund is due.
I have attached a link below to a Florida Bar pamphlet that discusses attorney fees that you may find helpful. I hope you can resolve this matter.
https://www.floridabar.org/public/consumer/pamphlet003/
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL and Boca Raton, FL
954-316-3496
info@vovalaw.com
Answered on May 29th, 2017 at 5:34 PM