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  • Report:  #383422

Complaint Review: Carin E. Bennett P.A.

Carin E. Bennett, P.A. Performs no work, keeps "non refundable" retainer Jacksonville Florida

  • Reported By:
    Jacksonville Florida
  • Submitted:
    Tue, October 21, 2008
  • Updated:
    Fri, July 17, 2009
  • Carin E. Bennett, P.A.
    341 E. Forsyth Street
    Jacksonville, Florida
    U.S.A.
  • Phone:
    904-355-9900
  • Category:

I hired this attorney on August 13, 2008 paying her a $1,500.00 "non-refundable" retainer. During my initial consultation, she came across as someone who would work for me and protect my interests. At that time she informed me that she would have the paperwork filed no later than August 18th. On August 20, I sent her an email asking that someone call me as I had left several messages at her office and was receiving no call back.

She replied finally at 6:06 that evening and informed me that they were closed until Friday due to the weather and that she would call me on Friday. However, on that Friday her office remained closed and she did not call me. I was baffled by this as I saw no reason she could not have at least called me at home as all I wanted was a status on the filing of the paperwork.

As of August 25 she still had not called me or had she filed the paperwork. At that point I wanted to terminate our relationship but after being informed that she would not refund me any of the $1,500.00 I had to reconsider.

Therefore I gave her another try to see if she could perform. I provided her my husband's address in Orlando on August 27 so she could have him served. Then I waited. I received an email from her on September 8 acknowleding that it was a shame my husband writes such nasty emails to me. Then she tells me to call her the following day. I had already left a voicemail at her office that day to which she did not respond so I was hopeful that the next day would be different.

It wasn't. As of September 10, I still had not received any call back from her. Therefore at that time I simply had to terminate the relationship as she was simply not performing on my behalf. During this timeframe she also had her office closed for three days with no one there to answer calls. Out of town on a conference or seminar of some type but still not returning calls nor filing paperwork on my behalf.

I have reported her to the Florida Bar/ACAP and am hopeful they will make her return at least a portion of the retainer. I have never received one bill from this firm so have no idea of what she is stating she has done on my behalf. I also filed a complaint with the BBB against her.

I have done a lot of research on the internet and it is interesting that most firms hold that belief that while they say it is non refundable, if they are unable to represent a client in a timely fashion, they also stated that they would not hesitate to return the money. It was strictly an ethical standard some hold and this one does not.

Patricia
Jacksonville, Florida
U.S.A.

20 Updates & Rebuttals


Patricia

Jacksonville,
Florida,
U.S.A.

Two more complaints against her

#21Author of original report

Thu, July 16, 2009

I was thrilled when I logged onto this site the other day and now see two others have filed complaints against her. Please file a complaint with the Florida Bar so then they can see it was not just me that she treated in this manner.


Patricia

Jacksonville,
Florida,
U.S.A.

Her bill to me

#21Author of original report

Tue, February 17, 2009

I was just successful in getting back my journal that my soon to be ex took and sure enough there is an entry for August 25 in regards to the meeting that I was scheduled to have with Ms. Bennett at 3:00 that day. SHE CANCELLED ON ME. BUT SHE BILLED ME ANYWAY.

Jamie who worked for her then, called me at ten minutes to 3:00 and cancelled. This is the first date I began to ask her for a refund as she simply was not communicating with me at all. But she refused to return any of the money so I agreed to let her proceed.

Too bad she never did anything on my behalf. I have been in contact with one representative from Florida who has given me some good advise as to how to tackle the change of law regarding attorneys and their non-refundable fees.


Patricia

Jacksonville,
Florida,
U.S.A.

Update from Florida Bar

#21Author of original report

Fri, February 06, 2009

Received another letter today from the Florida Bar which surprised me as I have asked this lady twice to call me. So the Florida Bar still deems this to be a dispute of a legal fee even though Ms. Bennett never did one thing for me.

I just called the Bar and now have the name of someone else I need to contact so onward I go.

I have also decided to start a drive to petition the state of Florida to no longer allow attorneys to request a non-refundable retainer. I only get paid for the work I do and the rule should apply to them also. It's a very sad day when attorneys can abuse people in a situation like this.

If anyone is interested in helping me with this drive, please feel free to contact me.


Patricia

Jacksonville,
Florida,
U.S.A.

More thoughts

#21Author of original report

Tue, February 03, 2009

Last night I was thinking about Ms. Bennett's remark that the case/complaint had been dismissed. Actually Ms. Bennett, what I was told was that "The nature of your complaint against Carin Elaine Bennett is that of a fee dispute. Fee disputes must ordinarily be resolved by civil courts rather than in grievance proceedings. The Florida Bar is prohibited from considering fee disputes as a basis for disciplinary action unless the amount of the disputed fee is clearly excessive, extortionate or the demand is fraudulent. Because your complaint does not meet these criteria, I am precluded from continuing disciplinary proceedings against Ms. Bennett."

I have responded back to this letter informing them that she is now trying to get more money out of me than just the $1,500.00 in the tune of over $1,000.00 based on bogus billing. In her case ledger she has me billed for two meetings the week of August 25 and in fact I have an email that I sent her that afternoon firing her due to her inability to return my calls. When I hired her on August 13, she stated that the paperwork would be filed in three to four days. As of September 10 it was still not filed and her office continually lied to me that it was filed.

So please note that the only reason they dismissed it was due to them thinking that it was purely a fee dispute when in fact it has more to do with her "failure to perform". That is what she does not do. She took my money in good faith and then promptly ignored me.


Patricia

Jacksonville,
Florida,
U.S.A.

Protection???

#21Author of original report

Mon, February 02, 2009

Ms. Bennett claims she cannot comment on this situation. Well Ms. Bennett you have my permission. You are not my attorney, you never performed any work for the $1,500.00 you kept, you are trying to get even more money out of me, so if you really think anyone is going to believe your one line disclaimer you should think again. I'm very happy you found this site! I am also looking into obtaining an attorney if the Bar does dismiss this case and take it to court. If nothing else, I have had the pleasure of warning others in Jacksonville, my home town.


Patricia

Jacksonville,
Florida,
U.S.A.

Update 2/2/09

#21Author of original report

Mon, February 02, 2009

I see that Ms. Bennett has now made a comment here that my complaint has been dismissed. However, I have sent the Florida Bar another letter and had a conversation with same today. I have pointed out that this is not simply a "fee dispute" but much more than that. This attorney was hired in good faith in August 09. She promised that my paperwork would be filed in three to four days. As of September 10, it was still not filed and never had been filed but her office staff continued to tell me it was. An attorney has a duty to perform. This one won't so stay away. I will keep updating this until this attorney makes everything right with me. I had to hire a second attorney just to get my divorce paperwork filed as she simply "failed to perform". If that is what you want in an attorney than by all means use her. She even continued to bill me for reading my emails after we had terminated our relationship and is now trying to get me to pay her more.


Carin E. Bennett

Jacksonville,
Florida,
U.S.A.

Claims/Complaints Dismissed

#21REBUTTAL Individual responds

Mon, February 02, 2009

The claims/complaints of this client has been dismissed. This is public record. I am unable to further comment or discuss this matter as the client's representation is protected by attorney/client privilege.


Patricia

Jacksonville,
Florida,
U.S.A.

January 09 Update

#21Author of original report

Thu, January 22, 2009

I finally got the refund of the $449.00 in mid December. Got a letter from the Florida Bar that they were dismissing my complaint as it was a fee dispute. I wrote another letter yesterday and faxed it over to the lady who came to that conclusion advising her that while there was a fee involved, this is much more than a fee dispute. This woman never performed any work on my behalf at all. She lied and manipulated me all along. Interesting enough all the girls that were working in her office are no longer there. A new person on her staff called me yesterday about a balance due I owe them! OH MY GOSH! This woman has balls the size of Texas. She is a prime example of why there are so many jokes about attorneys. A disgrace to the profession.


Patricia

Jacksonville,
Florida,
U.S.A.

Finally a copy of a bill

#21Author of original report

Mon, December 15, 2008

Oh my goodness, does this lady know how to pad a bill. I have never seen anything so outrageous. When comparing her bill to the bill of my current attorney (who has actually earned his money/retainer) there are charges that make no sense, some that appear to be duplicate and she is still billing me for emails sent to her even after our termination date!

Her actions speak for itself and says volumes about her inability to be honest.

The case is in the hands of the Department of Lawyer Regulation now and I can file a claim also with them for the money so onward I go. I only hope that they can make her do what I am unable to accomplish. She still won't even send me the $449.00 refund check that she has acknowledged she owes me since her office never filed the paperwork for my divorce. And the post office still has never shown me one copy of the notice that the "supposedly" put in my mailbox and now that courier is no longer on my route! But then again, I'm having to take her word that the check was even mailed and based on what I have seen thus far, I seriously doubt she has ever actually sent me the check. I will continue to fight this battle.


Patricia

Jacksonville,
Florida,
U.S.A.

Finally a copy of a bill

#21Author of original report

Mon, December 15, 2008

Oh my goodness, does this lady know how to pad a bill. I have never seen anything so outrageous. When comparing her bill to the bill of my current attorney (who has actually earned his money/retainer) there are charges that make no sense, some that appear to be duplicate and she is still billing me for emails sent to her even after our termination date!

Her actions speak for itself and says volumes about her inability to be honest.

The case is in the hands of the Department of Lawyer Regulation now and I can file a claim also with them for the money so onward I go. I only hope that they can make her do what I am unable to accomplish. She still won't even send me the $449.00 refund check that she has acknowledged she owes me since her office never filed the paperwork for my divorce. And the post office still has never shown me one copy of the notice that the "supposedly" put in my mailbox and now that courier is no longer on my route! But then again, I'm having to take her word that the check was even mailed and based on what I have seen thus far, I seriously doubt she has ever actually sent me the check. I will continue to fight this battle.


Patricia

Jacksonville,
Florida,
U.S.A.

Finally a copy of a bill

#21Author of original report

Mon, December 15, 2008

Oh my goodness, does this lady know how to pad a bill. I have never seen anything so outrageous. When comparing her bill to the bill of my current attorney (who has actually earned his money/retainer) there are charges that make no sense, some that appear to be duplicate and she is still billing me for emails sent to her even after our termination date!

Her actions speak for itself and says volumes about her inability to be honest.

The case is in the hands of the Department of Lawyer Regulation now and I can file a claim also with them for the money so onward I go. I only hope that they can make her do what I am unable to accomplish. She still won't even send me the $449.00 refund check that she has acknowledged she owes me since her office never filed the paperwork for my divorce. And the post office still has never shown me one copy of the notice that the "supposedly" put in my mailbox and now that courier is no longer on my route! But then again, I'm having to take her word that the check was even mailed and based on what I have seen thus far, I seriously doubt she has ever actually sent me the check. I will continue to fight this battle.


Patricia

Jacksonville,
Florida,
U.S.A.

Finally a copy of a bill

#21Author of original report

Mon, December 15, 2008

Oh my goodness, does this lady know how to pad a bill. I have never seen anything so outrageous. When comparing her bill to the bill of my current attorney (who has actually earned his money/retainer) there are charges that make no sense, some that appear to be duplicate and she is still billing me for emails sent to her even after our termination date!

Her actions speak for itself and says volumes about her inability to be honest.

The case is in the hands of the Department of Lawyer Regulation now and I can file a claim also with them for the money so onward I go. I only hope that they can make her do what I am unable to accomplish. She still won't even send me the $449.00 refund check that she has acknowledged she owes me since her office never filed the paperwork for my divorce. And the post office still has never shown me one copy of the notice that the "supposedly" put in my mailbox and now that courier is no longer on my route! But then again, I'm having to take her word that the check was even mailed and based on what I have seen thus far, I seriously doubt she has ever actually sent me the check. I will continue to fight this battle.


Patricia

Jacksonville,
Florida,
U.S.A.

Email from Carin Bennett

#21Author of original report

Wed, November 12, 2008

I had an email from Carin Bennett this morning stating the following:

Dear Ms. Turner,

Please be advised that I am responding to your allegations through the Florida Bar (directly). Please also be advised that due to your unprofessional behavior (making threats, using profanity and being unable to control your level of speaking): your emails are now blocked to all emails for my firm and we are no longer accepting your phone calls. I shall no longer respond via email, telephone or mail. I have contacted your current attorney regarding your behavior and hope that it is immediately curtailed so that I do not have to take further action. Please note, however, that I have kept the documentation showing your refusal (multiple times) to accept your certified mail or courier service. I should hope that you realize it is my responsibility to do so.

Carin E. Bennett

_____________________________________

I find this very interesting. She is stating that I refused to accept the certified mail or courier service. She is once again, delusional. I never received any notice of a certified mail delivery. First, her staff member, Sandy, said they left notices in my mailbox. That is not possible. I live in a condo and all our mailboxes are locked. For certified mail, the USPS does not leave notices in your mailbox but rather on your door. I work from home so I know no one ever tried to deliver it to my door and there was never one notice in my mailbox. I also did not refuse the courier service. I wasn't here when they came. Once I saw the notice, I immediately called her office and speaking to Sandy was rudy told they were not handling my case, it was closed and she promptly hung up on me.

So I still have not received any bill from this woman and she is still in her fantasy world. I will continue to fight her.

Please stay away from using this attorney. She will only cause you more problems as is evident by what she is doing to me!


Patricia

Jacksonville,
Florida,
U.S.A.

Email from Carin Bennett

#21Author of original report

Wed, November 12, 2008

I had an email from Carin Bennett this morning stating the following:

Dear Ms. Turner,

Please be advised that I am responding to your allegations through the Florida Bar (directly). Please also be advised that due to your unprofessional behavior (making threats, using profanity and being unable to control your level of speaking): your emails are now blocked to all emails for my firm and we are no longer accepting your phone calls. I shall no longer respond via email, telephone or mail. I have contacted your current attorney regarding your behavior and hope that it is immediately curtailed so that I do not have to take further action. Please note, however, that I have kept the documentation showing your refusal (multiple times) to accept your certified mail or courier service. I should hope that you realize it is my responsibility to do so.

Carin E. Bennett

_____________________________________

I find this very interesting. She is stating that I refused to accept the certified mail or courier service. She is once again, delusional. I never received any notice of a certified mail delivery. First, her staff member, Sandy, said they left notices in my mailbox. That is not possible. I live in a condo and all our mailboxes are locked. For certified mail, the USPS does not leave notices in your mailbox but rather on your door. I work from home so I know no one ever tried to deliver it to my door and there was never one notice in my mailbox. I also did not refuse the courier service. I wasn't here when they came. Once I saw the notice, I immediately called her office and speaking to Sandy was rudy told they were not handling my case, it was closed and she promptly hung up on me.

So I still have not received any bill from this woman and she is still in her fantasy world. I will continue to fight her.

Please stay away from using this attorney. She will only cause you more problems as is evident by what she is doing to me!


Patricia

Jacksonville,
Florida,
U.S.A.

Email from Carin Bennett

#21Author of original report

Wed, November 12, 2008

I had an email from Carin Bennett this morning stating the following:

Dear Ms. Turner,

Please be advised that I am responding to your allegations through the Florida Bar (directly). Please also be advised that due to your unprofessional behavior (making threats, using profanity and being unable to control your level of speaking): your emails are now blocked to all emails for my firm and we are no longer accepting your phone calls. I shall no longer respond via email, telephone or mail. I have contacted your current attorney regarding your behavior and hope that it is immediately curtailed so that I do not have to take further action. Please note, however, that I have kept the documentation showing your refusal (multiple times) to accept your certified mail or courier service. I should hope that you realize it is my responsibility to do so.

Carin E. Bennett

_____________________________________

I find this very interesting. She is stating that I refused to accept the certified mail or courier service. She is once again, delusional. I never received any notice of a certified mail delivery. First, her staff member, Sandy, said they left notices in my mailbox. That is not possible. I live in a condo and all our mailboxes are locked. For certified mail, the USPS does not leave notices in your mailbox but rather on your door. I work from home so I know no one ever tried to deliver it to my door and there was never one notice in my mailbox. I also did not refuse the courier service. I wasn't here when they came. Once I saw the notice, I immediately called her office and speaking to Sandy was rudy told they were not handling my case, it was closed and she promptly hung up on me.

So I still have not received any bill from this woman and she is still in her fantasy world. I will continue to fight her.

Please stay away from using this attorney. She will only cause you more problems as is evident by what she is doing to me!


Patricia

Jacksonville,
Florida,
U.S.A.

Email from Carin Bennett

#21Author of original report

Wed, November 12, 2008

I had an email from Carin Bennett this morning stating the following:

Dear Ms. Turner,

Please be advised that I am responding to your allegations through the Florida Bar (directly). Please also be advised that due to your unprofessional behavior (making threats, using profanity and being unable to control your level of speaking): your emails are now blocked to all emails for my firm and we are no longer accepting your phone calls. I shall no longer respond via email, telephone or mail. I have contacted your current attorney regarding your behavior and hope that it is immediately curtailed so that I do not have to take further action. Please note, however, that I have kept the documentation showing your refusal (multiple times) to accept your certified mail or courier service. I should hope that you realize it is my responsibility to do so.

Carin E. Bennett

_____________________________________

I find this very interesting. She is stating that I refused to accept the certified mail or courier service. She is once again, delusional. I never received any notice of a certified mail delivery. First, her staff member, Sandy, said they left notices in my mailbox. That is not possible. I live in a condo and all our mailboxes are locked. For certified mail, the USPS does not leave notices in your mailbox but rather on your door. I work from home so I know no one ever tried to deliver it to my door and there was never one notice in my mailbox. I also did not refuse the courier service. I wasn't here when they came. Once I saw the notice, I immediately called her office and speaking to Sandy was rudy told they were not handling my case, it was closed and she promptly hung up on me.

So I still have not received any bill from this woman and she is still in her fantasy world. I will continue to fight her.

Please stay away from using this attorney. She will only cause you more problems as is evident by what she is doing to me!


Patricia

Jacksonville,
Florida,
U.S.A.

Still NO BILL

#21Author of original report

Thu, November 06, 2008

Finally today, Carin Bennett's office had a courier bring me over a copy of my file. However, the CD I gave her, all my handwritten notes and a copy of the bills for August/September were not contained in the package. I notified her by email of this. Shortly later I received another package by courier and it has the CD in it but still no notes and no bills.

Consequently, I sent her yet another email and then printed off both emails I sent her today and faxed them to ACAP for their information.

This woman is playing so many games it is mind boggling. Evidently she thinks I will simply go away. She is going to be very disappointed to find that simply does not happen.


Patricia

Jacksonville,
Florida,
U.S.A.

No response and no mail received

#21Author of original report

Fri, October 31, 2008

Here it is Friday, October 31 and I still have not received the mail that was supposedly sent on Octobet 13 via certified mail. I have sent her several emails this week and have received no response to them either.

Today, I decided it was time for her to know about this website so I have sent her the name. It's a real shame there are attorneys like this one. I've never known an attorney to tell so many false statements. At this point I doubt that she has even mailed me the file, after all she claims her office called me and informed me that the file was ready for pickup but I never received that phone call.


Patricia

Jacksonville,
Florida,
U.S.A.

Still no response from her

#21Author of original report

Wed, October 29, 2008

I have sent her two emails trying to find out when I will receive the $449.00 that she has said she will refund me but she is not responding at all. This is exactly how she has treated me since the beginning. I have sent her another email today inquiring and while I told her I was blogging about our situation, I have not as yet given her this website name. All in due time.


Patricia

Jacksonville,
Florida,
U.S.A.

Carin Bennett's response to my complaint

#21Author of original report

Mon, October 27, 2008

Received her response to my complaint and now have filed a rebuttal. I was shocked that her had so many false statements in her response. The main one that floored me was her comment that "we had met multiple times in her office." In fact, I only had one face to face meeting with her in her office.

She also stated that her office called me to notify me that my file was ready to be picked up when in fact I never received a call and even called and emailed her office asking about the status of it as I needed to pick it up.

She went on to state that her office has now sent my file to me via certified mail on October 13, but to date (10-27-2008) it has not been received.

Keep your fingers crossed that I'm successful in proving this woman did nothing on my behalf.

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