Offsetting Client Credit Balance In One Case Against Fee Due On Another Case

[Dubhglas]

My Mom in Florida has two cases being handled by the same attorney.  One is an automobile accident case being handled on a contingency fee basis.  The attorney has collected $7,000 from an insurance company.  This represents payment for Mom's car that was totalled.  In a separate case being handled by the same attorney on an hourly fee basis, Mom has accrued a balance due to $7,500 in fees owed the attorney.  Before billing her for this amount he applied the $7,000 from the insurance company to the $7,500 fee balance relating to the other case.  Should she not have gotten the $7,000 and then paid him the $7,500 with her own check?

[Bartlett]

Alan:

I do not practice law in Florida.  To get specific legal advice on Florida law, you would have to consult a lawyer licensed in Florida.

In general, your question goes to what the contract provisions are.  It is not unusual for a lawyer who is handling two cases, one on a contingency and the other hourly, to have a lien on the contingent recovery to pay any hourly fees owed.  You would need to look at the lawyers written fee contracts on both cases to see if such a lien was included, but it would be typical.