Lazy Lawyer... What happens if I don't fully pay?

[beachvibes]

On March 30th, 2012 I received a DUI in the State of Florida. On April 3rd, 2012 I retained a lawyer who I felt was a good one at the time..... I signed a $2,000 retainer and paid $1,000 that day. According to the contract I was to pay $500 on 5/3 and a final $500 on 6/3. My original Docket Call was to be on 5/14 but was pushed back to 8/6 due to my discovery material not being furnished to me in a timely manner..... When my discovery finally did come in on 5/21..... my lawyer spent probably a grand total of 10mins looking at it and basically told me there was nothing he could do...... I find out later I was offered a plea on 5/8 for the State minimums for a first time offender! My lawyer was basically pushing me to take the plea.....
This being my life and my livelihood on the line, I do my due diligence in what my options are..... I come up with a couple of defenses and even contact other lawyers...... I present what I have to my lawyer and he never gets back to me..... Not once has he ever returned my calls! He spent a total of 15mins on me and my case and he obviously wants me to take the plea so he can quickly collect the rest of my retainer! Today is 6/30 and I get a rude call from his secretary while I am at work and tells me to pay the $1,000 remaining over the phone that moment or he will drop me. The only reason I haven't paid up to this point is because I simply was unaware until this call! This guy hasn't done a damn thing for me and I'm contemplating not even paying him for his lack of effort!
My question is: What are the ramifications of me not paying him? Will my plea go away with it? Will my credit be affected? What possible bad can come from not paying the remainder of the retainer.... because honestly.... I overpaid with the $1,000 I already gave him!
I have court on 7/12. Can I get a public defender to accept the original plea I was offered to save some money? I also want to get this over and done with to move on! A DUI in the State of Florida is ridiculousness! I simply made a horrible mistake and it has turned into a horrible nightmare!!!!

[AFFA]

I wish to inform you that you can file a complaint with Bar Association for taking disciplinary action against a lawyer. The Florida Bar and its Department of Lawyer Regulation are charged with the administration of a statewide disciplinary system to enforce Supreme Court rules of professional conduct. In this you can contact Attorney Consumer Assistance Program (ACAP) and have your dispute resolved. Alternatively you can also file a case for negligence against lawyer in court.

AFF

[sandyclaus]

Originally Posted by beachvibes On March 30th, 2012 I received a DUI in the State of Florida. On April 3rd, 2012 I retained a lawyer who I felt was a good one at the time..... I signed a $2,000 retainer and paid $1,000 that day. According to the contract I was to pay $500 on 5/3 and a final $500 on 6/3. My original Docket Call was to be on 5/14 but was pushed back to 8/6 due to my discovery material not being furnished to me in a timely manner..... When my discovery finally did come in on 5/21..... my lawyer spent probably a grand total of 10mins looking at it and basically told me there was nothing he could do...... I find out later I was offered a plea on 5/8 for the State minimums for a first time offender! My lawyer was basically pushing me to take the plea..... This being my life and my livelihood on the line, I do my due diligence in what my options are..... I come up with a couple of defenses and even contact other lawyers...... I present what I have to my lawyer and he never gets back to me..... Not once has he ever returned my calls! He spent a total of 15mins on me and my case and he obviously wants me to take the plea so he can quickly collect the rest of my retainer! Today is 6/30 and I get a rude call from his secretary while I am at work and tells me to pay the $1,000 remaining over the phone that moment or he will drop me. The only reason I haven't paid up to this point is because I simply was unaware until this call! This guy hasn't done a damn thing for me and I'm contemplating not even paying him for his lack of effort! My question is: What are the ramifications of me not paying him? Will my plea go away with it? Will my credit be affected? What possible bad can come from not paying the remainder of the retainer.... because honestly.... I overpaid with the $1,000 I already gave him! I have court on 7/12. Can I get a public defender to accept the original plea I was offered to save some money? I also want to get this over and done with to move on! A DUI in the State of Florida is ridiculousness! I simply made a horrible mistake and it has turned into a horrible nightmare!!!!

In all honesty, a good attorney can charge $2,000-3,000 for the services he is providing you. (An average rate for an attorney is upwards of $300-400 PER HOUR, and they do charge for every phone call, every letter, every little discussion.) Consider yourself lucky, because some attorneys charge EVEN MORE because of their expertise in this area.

While you think that the attorney is doing nothing, it sounds like he got you a decent deal, but is expecting you to pay for the rest of his services, and that's perfectly understandable. You won't be able to "get this over and done with" or move on until you pay your attorney what he is due for the service you expect from them.

And keep in mind that if you can afford to pay your attorney, then you WON'T qualify for a public defender (those are available only to those who cannot otherwise afford representation, which it is clear that you can).

Bottom line? Pay your attorney for the services he is providing. If you are so certain he is not doing the job, you could file a complaint with the Bar Association - but from what you have told, that's a complaint that won't get very far.

[beachvibes]

Originally Posted by sandyclaus In all honesty, a good attorney can charge $2,000-3,000 for the services he is providing you. (An average rate for an attorney is upwards of $300-400 PER HOUR, and they do charge for every phone call, every letter, every little discussion.) Consider yourself lucky, because some attorneys charge EVEN MORE because of their expertise in this area. While you think that the attorney is doing nothing, it sounds like he got you a decent deal, but is expecting you to pay for the rest of his services, and that's perfectly understandable. You won't be able to "get this over and done with" or move on until you pay your attorney what he is due for the service you expect from them. And keep in mind that if you can afford to pay your attorney, then you WON'T qualify for a public defender (those are available only to those who cannot otherwise afford representation, which it is clear that you can). Bottom line? Pay your attorney for the services he is providing. If you are so certain he is not doing the job, you could file a complaint with the Bar Association - but from what you have told, that's a complaint that won't get very far.

Thank you for your response to my post.....
I truly respect and understand your stance that I should pay for work and services.
The thought has never occurred to not pay in full until I received the call from his secretary to pay that moment and at that time while I was at work!
I actually offered to come in to his office to pay the next day on credit but for some reason it was unacceptable and I had to pay that moment over the phone or I was threatened to be dropped at that moment....... I just felt the way she did this was very classless!
Experiences like these make you think and reflect..... and thus this posting and trying to figure out..... since he honestly didn't do a damn thing for me!
I honestly can't afford any of this! I'm a student and work part time making $7.50 an hour with excellent credit....
What can happen if I decide not to pay the remainder? I already paid $1,000 and it should more than cover what he has done so far!
My plea was offered because I have never been arrested for anything before in my life..... I would have gotten it anyway!
If my lawyer drops me.... will the plea still be in effect?
Can my lawyer come after me for the rest just because of the retainer I signed?
This would not be an issue if I truly felt my lawyer was truly working for me!!!!!

[beachvibes]

END RESULT

Walked into my lawyer's office this morning.
Told his secretary I was not going to pay and told him to call me.
He called me in an hour and I went back to sit face to face to discuss issues.
[First call back I received from the guy!]
I offered to pay for work already performed.
He kept bringing up that the retainer(contract) was for a flat fee.
I told him to do the right thing since he didn't really do anything for me.
He threatened to drop me and come after the whole $1,000 afterwards.
I ended up paying him $400 to go away......
I feel extorted*********......
Is there any true justice?

[sandyclaus]

Originally Posted by beachvibes END RESULT Walked into my lawyer's office this morning. Told his secretary I was not going to pay and told him to call me. He called me in an hour and I went back to sit face to face to discuss issues. [First call back I received from the guy!] I offered to pay for work already performed. He kept bringing up that the retainer(contract) was for a flat fee. I told him to do the right thing since he didn't really do anything for me. He threatened to drop me and come after the whole $1,000 afterwards. I ended up paying him $400 to go away...... I feel extorted*********...... Is there any true justice?

I believe justice was served.

As I see it, you already agreed to pay a retainer of $2,000. Instead of holding you liable for the remaining $1,000 of that retainer that you never paid, the attorney settled on $400, and let you slide on the balance. He COULD have come after you for the whole $1,000 if he chose to, but saw that you were a PITA he didn't want to deal with any longer and dropped the matter.

Sounds to me like you paid for the services he provided, and it's a done deal.