My family lost our brother last year due to what we believe was foul play at the hands of his partner. We brought a civil suit in FL against the individual and hired a local law firm to handle the case based on a referral. We were told by this law firm that we were to pay a retainer of $25,000... nothing else. There was no supplied written contract (our mistake in hindsite but we were grieving at the time). Since my sister is the personal representative for my late brother, she was the one who's name is on the suit and communicated with the lawyers. I assumed that written contracts were mandatory especially with lawyers. There was no hourly fees spoken of. It seemed the matter was moving along and the lawyers told us they were very interested in the case. The family supplied significant amounts of documents and timelines throughout the year. The opposing counsel or defense have been successful on numerous times in preventing and delaying a deposition of the defendant. In Feb. of this year, the key lawyer we had primarily delt with (a younger lawyer) left the firm abruptly. We found out about his departure after the fact when we called for him. Communication slowed considerably to us when the law firm's partner took over, often times we would have to call him to find out results of depositions or motions to compell. By early July, my sister was to prepare for her deposition. I flew across country along with her to meet with our lawyer to prepare. Of course, there was significant cost to us for travel, lodging and child care in order to make this meeting. We were looking forward to meeting with our lawyer and then to the deposition to be held the next day. We met for an hour and a half. Our lawyer continually looked at his phone text messages, left the conference room open to take staff interruptions and messages for other calls not relating to our case. He had our files sitting on the conference room table but never opened them. During our meeting with him, we realized he was totally inept and not aware of any specifics, witnesses, names, dates, etc. that we had prepared in detail for him. He gave very conflicting instructions of how to handle the deposition, one minute telling us to say very little and then the next "lay it out there, hell what do you have to loose". We had spent a significant amount of time provding him with detailed useful information... and realized that he couldn't represent us well at all, he never looked at any of it. We were actually sickened and appalled when we left the meeting. We ended up firing him that afternoon. We've explained in detail why he was fired in a follow up letter and we've heard no replies to our questions as to why he should be paid, especially if he wasn't representing us or doing due diligence with even looking at the information involving the case. If he was unfamiliar with any of the case, how could he adaquately represent us? We have only received wild accusatory over the top patronizing and extremely unprofessional emails (I'm being very conservative in describing the actual emails). Apparently this lawyer's ego was bruised. We then talked to his law firm partner who apologized over the phone (twice) and promised to "fix things". We've asked for the initial contractual agreement for their services and it's taken two requests or 6 to 7 weeks to finally get a response in the form of a charging lien notice. He states we owe the firm money. He also states that we were told the hourly rate, which we were not. My sister who is the personal representative in the case has dated emails to our siblings stating the total retainer was $25,000. The charging lien notice states that the law firm claims we sought help from them beginning in March 2008 and was hired sometime in May. My brother passed away in May 2008 and we didn't seek any help from them (confirmed in emails) until mid-June 2008. I bring this up since it demonstates just how "detailed and accurate" this firm was in handling our case. The firm is holding the files until we pay in full. We don't feel they are owed a dime past the $25,000 especially since there was no verbal or written contract communicated to us beyond the $25,000 and they didn't do any real work. We actually don't need the files the firm is holding, because they really don't have anything of value that we don't already have and it's not as if they put any effort into the case. How do we appeal or is there an appeal process for charging liens? I understand in the state of FL that lawyers are due their amounts that they are owed, however, we firmly believe we were being misled and not provided the appropriate service by this law firm. I am guessing that the decision would need to be made by a court? We have paid the full $25,000. Any advice would be helpful. We have hired a new firm that will take over the case. We realize our mistake in not more thoroughly investigating their backgrounds, but in a case this serious, we didn't have experience and again we were in shock and grieving due to the loss of our brother. The firm was initially vere confident and convincing in promising to work hard on our behalf.

You whole case against the other law firm can be summed up in one word "retainer". Yes, you did pay the $25,000 retainer. A retainer is just to get the case rolling. The fact they did not give you any sort of accounting of the time invested into the case is suspicious. I am sure if they did a final accounting of the case they will be adding up a lot of wildly billed hours and hours of reviewing documents, etc. to pad their bill. Depending on how much money is at stake from the death of your relative, apparently the law firm wants to strike it rich. I'd check with the local county bar in whatever Florida county the firm is in and present your grievance to them. It will take sometime for the bar to look into it, but they will look into this.

The firm probably assumed that you knew what the word retainer meant. That's why they said they won't need any more money (up front that is) and would bill you later or give you some sort of an accounting of how the retainer money was used.

Definitely contact the Florida Bar in whatever county and go from there.

You did mention foul play. Was there a criminal case brought against the former partner for you to want to file a civil suit? Usually civil suits are filed after the person is convicted in the criminal matter, not before.

... How do we appeal or is there an appeal process for charging liens? ...

It's quite simple: tell them that they are not getting anything more than the $25,000 they already have. You don't need the file, so I guess you are worried about a claim upon the proceeds of the lawsuit. What does your present lawfirm say about what may happen in that regard?


... The firm probably assumed that you knew what the word retainer meant. That's why they said they won't need any more money (up front that is) and would bill you later ...
The fact that they never gave you monthly billings (I assume) would be evidence in your favor.


... Usually civil suits are filed after the person is convicted in the criminal matter, not before.

Tell that to O.J. Simpson. :)