What is the name of your state (only U.S. law)?Florida
I sued a business for fraud of services $10,000 and won the case. I then contacted a collections attorney I found online. Things moved pretty quickly, and there was never a discussion of fees a contract (I did however request how much his services would cost in writing). After a few bank monthly searches and a writ of garnishment.. The fee was collected and I was presented with a 40% contingency fee contract.. I disputed the 40% fee and offered 27%. He refused and claimed he wanted 40% nothing less. After some research, I discovered the fee arbitration program. The attorney exhibited untruthfulness during our written and verbal communications so I hired my own attorney to represent me during the arbitration. So my arbitration lawyer received a phone call that there be no exception of arbitration unless there was to be no use of "expert witnesses". I declined to accept that demand and the collection attorney filed a motion to determine fees with the Judge that heard my first case. I hired an attorney to represent me at that hearing as well. He tried to imply that he had done all the work on the case and deserve 40% the money, he was scolded by the judge and told he couldn't piggyback the work that I had did and he had no contract in writing so was not entitled to a contingency fee. After the case, I sent the attorney a demand letter for 60% of the $10,000 the undisputed portion of the money collected and we could negotiate the 40%. He has refused and told me to file suit against him. In e-mails I have in my possession he said he performed six hours worth of work, but when asked for billable hours he submitted over 20 hours claiming he was entitled to much more than the 40% if there was no contingency fee. Has this attorney violated any ethical rules refusing to distribute any of the funds and in turn using it as leverage for me to settle because it could cause me to spend more money than I have won? Is this something that warrants a complaint with the State Bar? Again, I am stating that he deserves to be paid, but I see no reason why I should bear the brunt of the loss. He's the professional and the one with the 25+ year’s experience that did not bring up any billing or contract concerns until after he collected the money.
I sued a business for fraud of services $10,000 and won the case. I then contacted a collections attorney I found online. Things moved pretty quickly, and there was never a discussion of fees a contract (I did however request how much his services would cost in writing). After a few bank monthly searches and a writ of garnishment.. The fee was collected and I was presented with a 40% contingency fee contract.. I disputed the 40% fee and offered 27%. He refused and claimed he wanted 40% nothing less. After some research, I discovered the fee arbitration program. The attorney exhibited untruthfulness during our written and verbal communications so I hired my own attorney to represent me during the arbitration. So my arbitration lawyer received a phone call that there be no exception of arbitration unless there was to be no use of "expert witnesses". I declined to accept that demand and the collection attorney filed a motion to determine fees with the Judge that heard my first case. I hired an attorney to represent me at that hearing as well. He tried to imply that he had done all the work on the case and deserve 40% the money, he was scolded by the judge and told he couldn't piggyback the work that I had did and he had no contract in writing so was not entitled to a contingency fee. After the case, I sent the attorney a demand letter for 60% of the $10,000 the undisputed portion of the money collected and we could negotiate the 40%. He has refused and told me to file suit against him. In e-mails I have in my possession he said he performed six hours worth of work, but when asked for billable hours he submitted over 20 hours claiming he was entitled to much more than the 40% if there was no contingency fee. Has this attorney violated any ethical rules refusing to distribute any of the funds and in turn using it as leverage for me to settle because it could cause me to spend more money than I have won? Is this something that warrants a complaint with the State Bar? Again, I am stating that he deserves to be paid, but I see no reason why I should bear the brunt of the loss. He's the professional and the one with the 25+ year’s experience that did not bring up any billing or contract concerns until after he collected the money.
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