I gave a lawyer a $2800 retainer fee for a child custody case and was told at that time that most people do not exceed that $2800 fee. This ...

Question

I gave a lawyer a $2800 retainer fee for a child custody case and was told at that time that most people do not exceed that $2800 fee. This was back in September, 2011. We had a deposition and went to a temporary trial, but have not yet gone to mediation (and obviously not the final hearing). I have asked my lawyer at least 4 times to send me an itemized bill so I know where I stand with the retainer. I was finally (last week) sent 2 separate bills. One from Sept to Oct of this year in which my retainer fee was almost entirely used up (the bill was printed on Dec 12) and another bill on Dec 14 from Oct through this month showing charges of over $3,000. This seems absolutely unethical to me. In addition... the lawyer also told me not to contact the other parent of my child the day before the trial to arrange visitation... and as it turns out, that advice was used against me in the temporary judgement of the magistrate. I was also billed for a deposition that I never even knew took place until the day of the trial. The deposition was never used in trial but supposedly took place some time in October. I still don't know what questions were asked in this deposition or what was said. In addition to this, the lawyer is charging me $250 an hour for services regardless of whether she is doing the work or her paralegal is doing the work. I have contacted other lawyers who have told me they charge $100 an hour for their paralegals work. I gathered several statements from doctors and therapists to help prove what is in the best interest of my child. However, the lawyer never presented a single piece of evidence at the temporary hearing. I was told this is not the time to present that information or else it was irrelevant. However, the other parent called a therapist to testify at the trial and the magistrate seemed to deem that very relevant to her decision. What are my rights? What is my best course of action? No other attorney is going to be willing to take on a case in which I owe another lawyer $3000. I called 7 different numbers in Florida today (including the State Bar Association). I asked what are the expectations between a client and a lawyer? Surely there is something in writing SOMEWHERE that states what a client can expect from a lawyer they have paid thousands of dollars to? Her answer? (and this is someone from the Bar Association) "I have a lawyer myself... and I can't even answer that question!" I was told it is standard practice to notify clients when you are within $500 of using up your retainer fee. What is my best course of action? I called the lawyer today to go over my bill... I was asked if they could pull my file and call me right back...but, they never called.

Answer

I would be willing to bet that there is a lot more going on here than meets the eye. You sound educated. did you sign a retainer agreement? Was the fee based on an hourly rate of $250.00 per hour or a one time fee of $2,800.00 to accomplish what? If everything you stated above is correct, then I would suggest you contact the Florida Bar - file a complaint against this attorney. The only reason another attorney would not take the case is because as of the court record this is your attorney. That attorney must file a withdrawal of counsel or a substitution of counsel so another attorney can represent you. You can fire this attorney but you will need this attorney to file withdrawal based on being fired.