Q: Can lawyer charge fees for response to bar complaint?
I have an attorney in Florida. My case is settled but they still have my retainer money. I filed a bar complaint against them. Can they charge me fees for responding to the complaint I made against them?
A:
In most jurisdictions, including Florida, attorneys are generally not permitted to charge clients for the time spent responding to bar complaints filed against them. The rationale behind this is that responding to a bar complaint is considered part of an attorney's professional responsibility and is not a billable service to the client.
However, there may be some exceptions or gray areas depending on the specific circumstances of your case and the nature of the retainer agreement you signed with your attorney. It's best to review your retainer agreement carefully to see if there are any provisions that address this situation.
If you believe that your attorney has improperly charged you fees related to responding to your bar complaint, you can:
1. Contact your attorney and ask for an explanation of the charges and request a refund if appropriate.
2. If the issue is not resolved satisfactorily, consider filing a complaint with the Florida Bar's Attorney Consumer Assistance Program (ACAP), which can help mediate disputes between attorneys and clients.
3. If the matter remains unresolved, you may need to pursue legal action against your attorney to recover any improperly charged fees.
It's important to note that while attorneys generally cannot charge for responding to bar complaints, they may still be permitted to charge for other services related to your case, as outlined in your retainer agreement.
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