Refusal of attorney to return retainer

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Sandra Brasi

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Jurisdiction
Florida
My brother was arrested on criminal charges and it was after regular business hours when I retained an attorney on the phone. He charged my credit card $6500 as a retainer for his representation in the case and did not disclose that it was nonrefundable at any time. After my brother was released, almost 2 weeks later, the attorney told him to come by his office and sign an agreement that stated all monies paid are deemed "non-refundable and earned upon receipt". I am the one who paid this attorney and I did not sign this agreement. The attorney did some work on the case and should be compensated for such however the State dropped the charges long before the case went to trial when my brother was federally indicted. Since this attorney does not handle federal charges his services were done. Also of note, my brother was never satisfied with his representation and never felt like the attorney had his interests in mind. It took the attorney 18 days to get him released from jail, during which time, he never went to 'visit' or advise him while he was incarcerated, did not return his phone calls, and failed to keep him informed about his case. I requested an accounting in the case but have been denied and told that no monies will be returned to me.
 
My brother was arrested on criminal charges and it was after regular business hours when I retained an attorney on the phone. He charged my credit card $6500 as a retainer for his representation in the case and did not disclose that it was nonrefundable at any time. After my brother was released, almost 2 weeks later, the attorney told him to come by his office and sign an agreement that stated all monies paid are deemed "non-refundable and earned upon receipt". I am the one who paid this attorney and I did not sign this agreement. The attorney did some work on the case and should be compensated for such however the State dropped the charges long before the case went to trial when my brother was federally indicted. Since this attorney does not handle federal charges his services were done. Also of note, my brother was never satisfied with his representation and never felt like the attorney had his interests in mind. It took the attorney 18 days to get him released from jail, during which time, he never went to 'visit' or advise him while he was incarcerated, did not return his phone calls, and failed to keep him informed about his case. I requested an accounting in the case but have been denied and told that no monies will be returned to me.
Get the money from your brother.
 
almost 2 weeks later, the attorney told him to come by his office and sign an agreement that stated all monies paid are deemed "non-refundable and earned upon receipt". I am the one who paid this attorney and I did not sign this agreement.

Upon learning this, you told the attorney that you didn't agree that the money paid was non-refundable, right? What did the attorney say in response?

In addition to what "flyingron" suggested, you could dispute the charge with your credit card issuer.
 
In addition to what "flyingron" suggested, you could dispute the charge with your credit card issuer.
Speaking as a vendor who takes credit cards, this will probably work since the attorney doesn't have your signature or proof that you authorized the charge as it was made over the phone. That doesn't mean the attorney won't sue your brother for the $6500 though.
 
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