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How can I get my money back from Lawyer

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dawfer

Guest
What is the name of your state? PA
My son was arrested in Florida in 2001 for burglary and grand theft. I retained a Fl lawyer at that time. My son was in Fl jail for a while but eventually received 2 yrs probation. (I think there was a plea bargain and/or reduction of charges). He came home on 2 yr probation. He was involved in a fight here in PA, and put in jail for about 6 months. At the same time we found out there was a warrant on him from Fl. He and I were both worried he'd have to go back to Fl where he'd have to serve his full sentence, which was very high (more than 10 yrs). I called the same lawyer, and asked how much he charged to represent my son in the violation of probation (vop). He told me 2500. He asked for a credit card number which I gave him. I asked what would any possible additional charges be. He said 'none'. The 2500 is it. While my son was incarcerated on the first chages I had paid the lawyer. When my son came home he continued the payments to the lawyer. At the time of the fight we still owed about 700. The bill lists the vop as paid and below is the 700 we still owe. I asked the lawyer if there was anything I could do to help him be ready for my son when he arrived in Fl - he said no. I called and found out what rules my son was supposed to have violated and I prepared evidence to show he had not violated probation. I called and spoke to his Fl po who said she would speak favorably for my son in court since he had been working and not in trouble until the fight. She said it would look better to the judge if my sons family could be in court and I asked the lawyer to contact me when a court date was set. He said it happens too fast (within 10 days)and there wouldn't be time for me to get to Fl. I said if it happens so fast will you be able to be there and he assured me that he would. They wisked my son from PA to Fl one night, he slept in Fl a few hrs, they woke him up and said he was going to court. He didn't have his personal affects so no access to lawyers number and was not allowed to call me. He was first case called but waited for his lawyer. At the end, they were going to push his case back 3 months and my son spoke on his own behalf. He spoke well and was released. The lawyer never called to tell me my son was released. Never requested his 700. Would not answer my repeated calls after I waited two weeks for him to call me. I filed a case with acap which is supposed to mediate - and he wouldn't return their calls either. I would like the 2500 back because he didn't represent my son in court. Right now the Florida bar is looking at the case. I sent in my complaint evidence and when he was supposed to send evidence to refute my charges that he didn't represent my son in the vop, he only sent letters I had written to him and the evidence I provided. The same info I sent to prove his neglect. What are my chances of getting my money back? He says he called a police officer and my sons po and myself to represent my son. No mention of the 700, which in a letter, I said my son would continue paying when he got home. Don't lawyers keep notes, of who they speak to and what was said? I may not deserve the entire 2500 back but not showing up to court is wrong. He says in his response that he arranged to have my son extradited from PA to Fl - then why didn't he know to come to court. Also, our contract is verbal, I've never signed any papers. Thank you for your help.
 


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Pfaffing85690

Guest
If you have filed a complaint with the Florida Bar Association then there's really nothing anyone here can tell you. Wait for their determination.
 
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dawfer

Guest
Thank you. I will wait. I'm curious though, is his behavior typical? I know I will abide by their determination, but am I wrong to expect evidence of actual performance and to expect him to come to court? Am I wrong to expect recompence for him not representing my son. Not responding to acap either? What if any advice can you offer so that I don't revisit this type of mess in the future. (My son is fine and has stayed out of trouble by the way). Thank you, again.
 
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Pfaffing85690

Guest
The only advice I can offer aside from what I have already given you is, the next time you deal with out-of-state attorneys, get a referral from a local attorney or hire a local attorney who will then hire as co-council the out-of town attorney.
 

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