Attorney Rip-off

[lakecitybum]

Found out I was being investigated for something in Florida. Retained attorney. Attorney told wife & I would not cash $20,000 retainer unless arrested. Also stated would return retainer if not arrested. She cashed check 4 days later.

I was never charged, never arrested, and investigation was dropped. Attorney refuses to return a dime. Have filed formal complaint with Florida Bar on 3 grounds: She had verbal contract she violated in connection with returning money, fee is excessive (don't believe she did 6 hours work on it...kept saying can't do anything until charges placed), and contract we signed is void. Contract was signed by me, with receipt signed by attorney both indicating one day, but the contract was dated the following day. Contract listed fee as non-refundable, but was signed at same time as her verbal assertions about returning the $20,000.

Any thoughts on my next step. We haven't received any word from the Bar yet, but it has only been 2 weeks. Would be nice if they acknowledged the complaint. We know they got it, sent it registered mail.

[aaron]

What does your written contract say about her right to keep the fee?

[lakecitybum]

"Client agrees to pay $20,000 as a non-refundable minimum fee..." This is a standard contract in Florida, and the attorney who lives across the street from me says it is not unusual as to wording, but few stand on it. Don't forget the verbal contract to return my money in front of a witness.

[Mr. Knowitall]

Well, you can wait to see what happens with the bar, or you can file a lawsuit to try to recover the money.

[lakecitybum]

Any idea what the statute of limitations is for attorney malpractice? And do you think I could light her up with a felony charge of theft, or theft by deception?

[lakecitybum]

Found out the statute is two years. Guess I'll wait and see if the Bar route will bear fruit. If not, I will sue. Thanks for your input.