Frequently Asked Questions
Here are some frequently asked questions and what the Attorney/Consumer Assistance Program does to help:
Lawyer Referral
•Can ACAP assign a lawyer to handle my case?
•How do I get a court-appointed lawyer?
Problems with other attorneys
•What can I do if I heard a lawyer is engaged in illegal activity?
•What can I do when a collection attorney is harassing me to pay up?
•What can I do about my spouse’s lawyer saying terrible things about me in divorce court?
•What can I do if my ex-spouse, who is a lawyer, is delinquent in paying child support?
Complaints Against Elected Officials
•How can I file a complaint against an elected official, such as the elected State Attorney, elected Public Defender, or Sheriff?
Problems with your attorney
Ending the Attorney/Client Relationship
•How do I fire my lawyer?
•Can my lawyer withdraw from the case?
Communication Issues
•What can I do if my lawyer does not return my call?
•How can I find out the status of my case if my lawyer does not call me?
Paperwork Issues
•How can I get my file?
•How can I obtain a transcript of my trial for a habeas corpus petition?
Money/Billing
•Can I get my money back when I fire my lawyer?
•What can I do if my lawyer’s trust account check bounced?
•What should I do when my lawyer did not pay my medical bills in my personal injury case?
•What can I do if I don’t agree with my lawyer’s bill?
•Why is it taking my lawyer so long to disburse my settlement?
Other Issues
•How can I sue my lawyer for malpractice?
•What can I do if my court-appointed lawyer provided ineffective assistance?
•Can my lawyer settle my case without telling me?
•What can I do if my lawyer is rude to me?
•What if my lawyer appears to have a drug or alcohol problem?
Can ACAP assign a lawyer to handle my case?
ACAP cannot refer callers to a lawyer but we suggest you call your local bar association or The Florida Bar’s lawyer referral service.
How do I get a court-appointed lawyer?
ACAP cannot assist. The judge to whom the case has been assigned is responsible for appointment of counsel, and the defendant must ask the court for an attorney to be appointed.
Problems with other Attorneys What can I do if I heard a lawyer is engaged in illegal activity?
If you have personal knowledge of such activity, then report it to the appropriate authorities.
What can I do when a collection attorney is harassing me to pay up?
Opposing counsel are supposed to be zealous advocates for their clients. You should consider seeking legal advice about how to respond to the demand for payment, particularly if you have a dispute about the amount owed. Find out about the Fair Debt Collection Practices Act and what you can do to make bill collectors stop bothering you. You can report any violations of that law to the Federal Trade Commission. A contact number for FTC is toll free 1-877-FTC-HELP.
What can I do about my spouse’s lawyer saying terrible things about me in divorce court?
Unless the lawyer makes a willful misrepresentation of fact or law, there is nothing the Bar can do. However, if you have clear and convincing evidence, such as a transcript or other documents, that your lawyer lied to the court, then you can file a complaint.
What can I do if my ex-spouse, who is a lawyer, is delinquent in paying child support?
Rule 4-8.4(h) of the Rules Regulating The Florida Bar prohibits a lawyer from wilfully refusing to timely pay a child support obligation. Before a complaint may be filed, the court must first make a finding of willful refusal to pay. This rule should not be used as the primary means for collecting child support, but should be used only after all other available remedies for the collection have been exhausted.
Complaints Against Elected Officials How can I file a complaint against an elected official, such as the elected State Attorney, elected Public Defender, or Sheriff?
Contact the State Commission on Ethics, which deals with complaints about misconduct by elected officials. The Florida Bar does not have jurisdiction to discipline lawyers who occupy constitutionally created positions including judges. The Commission on Ethics may be contacted at (850)488-7864 or by mail at Post Office Drawer 15709, Tallahassee, Florida 32317-5709.
Problems with your attorney Ending the Attorney/Client Relationship
How do I fire my lawyer?
ACAP suggests that you call and make an appointment with your lawyer and try to work things out. If that doesn't work, write a letter describing your reasons for termination and send it certified mail, return receipt requested. Also, request a copy of your file, an itemized bill, and return of any property or unearned fee. Your lawyer is entitled to be paid any fees that are earned and unpaid and any costs that have been advanced, and may be entitled to assert a lien on the file until those sums have been paid.
Can my lawyer withdraw from the case?
Yes, most of the time. But if the lawyer is counsel of record in pending litigation, the lawyer may be required to get permission from the court to withdraw.
Communication Issues
What can I do if my lawyer does not return my call?
ACAP can call or write your lawyer and ask your lawyer to contact you.
How can I find out the status of my case if my lawyer does not call me?
ACAP can write or call your lawyer and ask that your lawyer provide you an update on the status of the case by letter or via telephone.
Paperwork Issues
How can I get my file?
The file is personal property of the lawyer. However, you are entitled to a copy of your file. Your lawyer may charge reasonable copying cost to reproduce it. ACAP can call or write your lawyer to help you get a copy of your file. Any original materials you provided to your lawyer are your property and should be returned upon request without cost.
How can I obtain a transcript of my trial for a habeas corpus petition?
ACAP can write or call your former lawyer to help get the transcript. If the transcript has been furnished to the lawyer at the cost of the state, the lawyer is required to make it available to you after the appeals process has been concluded. The lawyer is not required to furnish a free copy of the transcript, otherwise.
Money/Billing
Can I get my money back when I fire my lawyer?
Upon discharge of your lawyer, you should request an itemized bill and return of any unearned fee. You should also be aware, however, that some lawyers legally charge a flat fee, up front, for certain types of legal representation, and if so, the fee may have been earned at the time it was paid, whether or not the matter was quickly and easily resolved.
What can I do if my lawyer’s trust account check bounced?
ACAP can send you a complaint form and urge you to get legal advice about how to recover the funds. If you have suffered a financial loss due to your lawyer’s theft of funds, you should contact The Florida Bar Clients’ Security Fund at 1-800-342-8060 ext. 5812 and request information on how to make a claim. The Florida Bar may also initiate an audit of the lawyer’s trust account, whether or not you file a complaint or a claim.
What should I do when my lawyer did not pay my medical bills in my personal injury case?
When you settled your case, you should have received a closing statement, which lists all of the financial details of your entire case. You should first review the closing statement and determine whether that creditor was listed to be paid. Your lawyer is not under any legal obligation to pay expenses unless it was agreed that your lawyer would withhold monies from the settlement to honor the debt. If there was no such agreement, then you are solely responsible for honoring the debt out of settlement money received. If there was a misunderstanding about who was to pay what, ACAP can try to improve lawyer-client communications by calling or writing your lawyer for an explanation.
What can I do if I don’t agree with my lawyer’s bill?
ACAP urges you to look at your fee agreement, if you have one, determine how much time your lawyer has worked on the case, and look at the file to see what work was done. If it appears you are being charged for unnecessary work or work that wasn't done, write or meet with the lawyer to work out the fee dispute. If that doesn't work, ACAP may invite you and your lawyer to agree to mediate or arbitrate your dispute through the Legal Fee Arbitration Program. The Florida Bar does not have authority to intervene in fee disputes, however, unless the fee is illegal, prohibited or clearly excessive.
Why is it taking my lawyer so long to disburse my settlement?
There may be a plausible reason why you have not received your settlement funds such as dispute of legal fees, liens, etc., that may have caused the delay. ACAP can contact the lawyer for resolution.
Other Issues
How can I sue my lawyer for malpractice?
You should get legal advice about a malpractice claim. The local bar association can give you names of lawyers who handle such cases. If there is not a local bar association for lawyer referral service, contact The Florida Bar’s lawyer referral service. The disciplinary procedure of The Florida Bar does not recover money damages for you. Also, note that the filing of a Bar complaint will not suspend or charge any time limits that may apply to your claim.
What can I do if my court-appointed lawyer provided ineffective assistance?
The Florida Bar does not have jurisdiction over claims of ineffective assistance that do not amount to incompetence. The filing of a Bar complaint will not affect or overturn your conviction.
Can my lawyer settle my case without telling me?
A lawyer can not settle a case without the consent of the client. If that happens, ACAP can send you a complaint form. In some cases, if you have signed a release or the check, and then wanted to renege on the settlement, the settlement may be enforced.
What can I do if my lawyer is rude to me?
Such behavior is unprofessional but it does not violate the rules that govern lawyer discipline in Florida. You should tell your lawyer how you feel and you can always contemplate getting another lawyer who may be more suitable.
What if my lawyer appears to have a drug or alcohol problem?
You may contact the Florida Lawyer Assistance, Inc. at 1-800-282-8981, which may arrange an intervention where it appears the lawyer is impaired by alcoholism or drug abuse.
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