[palmbeachgirl]

I retained an attorney 3 weeks ago for a custody matter with my former husband. All communication has been through email and my attorney has drafted 2 petitions and 1 letter. My attorney called me and told me that another attorney in their firm had a consultation with my former husband. She said that when they ran the "check" prior to the consultation, they had the name wrong so they did not realize he was my former husband until he filled out information and requested a retainer agreement. Now there is a conflict of interest and they must withdraw as my attorney and all petitions, letters, etc must have their name removed and mine replace if I want to use them. Unless they get a consent form signed by him (which he will not do) they cannot represent me. I was furious after a few days and sent an email requesting a refund of my retainer in full. The response I received was not a good one and stated not only would I not receive a "full" refund, but they do not have to give me a refund at all. Barely any work was done and she is telling me more then half my retainer was used and I may not get a refund at all. Is this true? Can they keep part or all of my retainer? Please help! Thanks!

[Fr_Chuck]

Something wrong here, Go and ask to see a senior partner in the firm. If they saw your husband first, it is their error and they could not accept your retainer to start with.

If you get no result file a complaint with the State Bar Association

Also since you have given them all your info, you need to file to have them removed as your husbands attorney since they misrepresented and got your details giving him a undue benefit.

[palmbeachgirl]

I need to re-explain: I retained my attorney 3 weeks ago and my former husband walked into their office one week ago(for the first time) and they gave him a consultation without realizing he was my former husband. When he left, he said he wanted to retain them and send him a retainer agreement. They ran a check on his name and saw who he was and knew immediately they could not represent him because they already had a retainer from me. My attorney called me into her office to let me know they need to withdraw as my attorney due to conflict of interest, their name had to be removed from the 2 petitions they drafted, as well as the drafted letter. I could file them myself, if I wanted to.
I decided to find another attorney but need my retainer back to hire one. When I said I wanted my retainer returned in full, I receive a very unpleasant email from the Lead attorney/Owner saying she does not have to refund ANY of my retainer and I definitely would not get a full refund because they need to get paid for the work they have done.(the work I cannot use unless I file myself) This was their mistake and I cannot believe the way it is being handled, but is their anything I can do to get my money back? Can they keep all of it when my retainer states 'any remaining retainer will be refunded"? On top of it all, I have a time frame which expires in June and the email from the owner also stated she will let me know what she decides, when she decides. Please help!
Thank you-
Palmbeachgirl

[JudyKayTee]

I'm stunned that this could happen. At any rate (and I dislike having to suggest this) - I'd contact your local Bar Association and ask that they look into this. On one side, yes, I see that they've done the work. On the other, are they charging for MORE than they earned?

Are they representing him and not you?

[palmbeachgirl]

Thank you for your response. No, they are not representing him and the only way they could continue working with me is if he signed a consent form, which he will not do. Would the Bar Association be able to help with getting money back? If not, should I first, tell the attorney I am considering contacting the Bar Assoc. if she is not willing to work with me on a refund?
Thanks so much!

[palmbeachgirl]

Thank you for your response! No, I saw them & retained them before my former husband even walked into their office. Unfortunately, they did not realize who he was until after his consultation & he told them he wanted to retain them. They discovered who he was prior to drafting a retainer agreement for him. But they can not represent me anymore either, without his consent (which he will not give). So the petitions that were drafted must have their name removed & I can file myself, if my name replaces theirs. Do I have rights to my full retainer? Can they keep all of my retainer if my agreement says firm will refund any fee not used? Thank you for your help!
Palmbeachgirl

[JudyKayTee]

This is a very serious error on the law firm's part, particularly in this age of computers. Yes, the Bar Association will put pressure on the firm, and the firm doesn't want to be embarrassed.

I am truly shocked. In my area - NY - I am aware of people who have consultations with a number of law firms simply so those firms cannot represent the other party. They consult but don't retain.

Amazing.

[cdad]

I have to ask. Was there any paperwork that was generated and sent to your ex that came from this law firm and before he wandered in for his consultation ?