Attorney kept my Recoupement fee

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Jun 29, 2020
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I hired an attorney for three mortgage cases. He lost one of the three cases. He won the other two and proceeded to recoup my legal fees. The two banks agreed to pay my legal fees. Instead of returning my legal fees that I had paid him. He kept my legal fees along with the legal fees that he recouped from the bank. Hence he double dipped. His response was that he was entitled to all legal fees. However the fees he received from the bank was to recoup the legal fees for the clients. He misled the bank that the recoup the legal fees was for the client when in fact it was for him. To make matters worse, he did not disclose to the client that he had recouped the client's legal fees. Instead the client had to find out from one of his attorneys at the firm who later quit the firm.

I complained to The Florida Bar about the theft of the client's recoupment fee. In his defense, the attorney fabricated that he won the third case as money owed to him so he kept the recoupment fee. He did not win that case which is why he could not recoup the legal fee. The Bar ruled in his favor. I later found out that this attorney is on the Board of the Bar which explains why the Bar ruled in his favor. The reason is it did not make sense how the evidence showed the banks paid my legal fees and the attorney stole the client's money yet the Bar looked the other way.

Since the attorney was on the Board itself, he has corrupted the Bar and was able to steal his clients money for himself. The Attorney General said that they have no jurisdiction over the Bar. So here I am with the attorney pocketing my legal fees along with the recoupement fees from the two banks.

I am robbed of over $40,000 from this attorney. I do not know who to turn to because there seem to be no one who can help me with this predicament.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
23,366
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www.promalvacations.com
It sounds like you should consult with another attorney and see if you can sue the attorney. But they might ask to see what your contract with the attorney said. Most say that they are owed a certain percentage of the court award. Did the contract state anything about what would happen if you were awarded court costs?

This sounds unethical but one thing we don’t get involved with here are legal cases. We are not attorneys. But if it were me- I’d find a malpractice attorney in Florida and consult with them.
 

jsn55

Verified Member
Dec 26, 2014
9,886
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San Francisco
This sounds like an ugly situation, but it all revolves around the terms of the contract you have with this attorney. What does the contract say?
 
Jun 29, 2020
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His contract says that he is entitled to all legal fees. But this is not legal fees but a recoupement fee on behalf of the client. The attorney charged me a total of 42,000 and I paid him $42,000. Then after he won the case, he asked for rcoupement of the legal fee of $42,000, and the bank paid him $42,000. Hence he double dipped. If his charge was $42000 and he collected $22,000 from me then it is only right that he collect the difference from the bank. This was not the case. He got paid 100 percent from me and he asked the Bank 100 percent of what I paid him. He stole my recoupment fee that the bank paid him on my behalf. The bank paid for my legal fees and forwarded it to him to return my legal fees. Instead, he kept it, and he did not disclose it to me until an attorney in his firm notified me. What is sad is that he is on the Board of the BAR that disciplines attorney. This is the reason why the Bar did not rule on my favor. This attorney used his position on the Board to protected himself thereby corrupting the entire Bar. .
 
Dec 19, 2014
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This case is beyond the scope of a consumer advocacy group.

What you are alleging is financial malfeasance and legal malpractice. You will need to find another attorney who is willing to take your case and file the appropriate lawsuit. This will likely cost you money, and you will have to make a decision as to whether you want to pursue this further.

I know you believe that the attorney used his influence with the Bar to have it dismissed, but if you pursue this further, you need to stop with this allegation. It will not help your case.
 
Apr 3, 2016
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Not sure it would work, but have you contact the Bank that paid him the fees. They might be able to put pressure on him to reimburse you (if they are willing to try).
 
Jun 29, 2020
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This case is beyond the scope of a consumer advocacy group.

What you are alleging is financial malfeasance and legal malpractice. You will need to find another attorney who is willing to take your case and file the appropriate lawsuit. This will likely cost you money, and you will have to make a decision as to whether you want to pursue this further.

I know you believe that the attorney used his influence with the Bar to have it dismissed, but if you pursue this further, you need to stop with this allegation. It will not help your case.
This case is beyond the scope of a consumer advocacy group.

What you are alleging is financial malfeasance and legal malpractice. You will need to find another attorney who is willing to take your case and file the appropriate lawsuit. This will likely cost you money, and you will have to make a decision as to whether you want to pursue this further.

I know you believe that the attorney used his influence with the Bar to have it dismissed, but if you pursue this further, you need to stop with this allegation. It will not help your case.
Thank you for your response. If I do pursue this further, what do you mean that I need to stop this allegation for it will not help my case? How else would I pursue it if I do not state my case?

Thank you.