My friend retained an attorney in Orlando. The attorney asked for $3,000 upfront. He had to respond to a court order and explained this to the attorney of the urgency. She informed him that she was going to looking into the details of the case and respond to the courts before the deadline. After calling this attorney for days, my friend was not able to get a hold of her. Finally he blocked his phone number and she answered. He asked for proof that she did response to the order, she said she was going to send it to him and never did. He recently found out that the attorney never responded to the court order.
How can he get his money back?
It sounds like your friend would have a breach of contract claim against the attorney. While satisfaction is never guaranteed, there is still an agreement to perform a service. If the attorney accepted payment in exchange for legal representation, and failed to do a single thing, then he should return the money. Your friend can try to sue the attorney.
This is not to be considered legal advice nor does an attorney-client relationship exist.
The retainer was likely nonrefundable, however, the attorney must still perform reasonable services in order to keep that full amount. Your friend could sue and can also complain to the Florida Bar.
Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
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