Q: While incarcerated a friend paid a retainer w/my check to the wrong lawyer who did nothing can I get that money back?
I was recently incarcerated due to a warrant for violating probation (reckless driving case) Unbeknownst to me, my friend retained the wrong attorney & paid him $2,500 with one of my checks. The only thing he did was file a Notice of discovery and lied about having a court date the night before I was supposed to appear my friend informed me he had just been notified by this attorney. Afterwards, I called my actual attorney and he got me out and the other guy did nothing.
Am I able to get the $2,500 back since I never gave my consent for his representation, I did not write the check and he did not do any work?
A: I think you have right to get your money back because there is no engagement agreement and he did not do any work.
A: Regardless of what you are legally entitled to in this situation, the best first step is to write a letter or email requesting a full refund. That may or may not work, or the attorney might refund most of it. On the issue of your legal right to a full refund, that would depend on a number of factors. If you cannot come to a settlement with the attorney, you and the attorney can mediate the fee dispute with the Fla. Bar, which offers free mediation for fee disputes. The attorney would have to agree to mediate for that to occur. If necessary, you can file a claim in small claims court and have the judge decide.
A:
It sounds like you might have a claim against your friend rather than the lawyer. How did your friend get your check? Who signed the check? Was there a retainer agreement? If so, who signed it? Did the retainer agreement include a provision for arbitration of a fee dispute through the Florida Bar? How much did this lawyer charge per hour? Was the retainer non-refundable?
As you can see there are quite a few facts that determine if you have a claim and who you have a claim against. I could not say the lawyer didn't do anything because by your own admission he at least filed a notice of discovery. The actual discovery could include interrogatories, which take time to prepare and are not filed into the court case. Whether or not the lawyer did $2,500 worth of work or is entitled to the additional amount for taking your case on is a consideration.
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