Consumer complaint received 2020-01-17
Product: Credit card or prepaid card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION (MD)

On XX/XX/2019, I allowed a charge of XXXX to my account for a retainer of legal services performed in a custody case. No retainer was signed and we were unaware of any hourly fees or how charges would be applied. 
On XX/XX/2019, we were made aware that the account was near zero. Under Maryland Rules an attorney must provide an explanation of expenses as soon as possible so there are no misunderstandings. We received the generic retainer via mail after 2weeks of multiple protests. Apparently the money had been spent on 5 emails gathering information which should have been obtained by the initial form filled out OR they had asked during initial 5 minute consultation by the attorney we didnt even go to see. MD Rule 19 chapter 300 section 20. 
On XX/XX/2019, the attorney was discharged once retainer was received and weekly billing program was outlined. In addition, the attorneys office was working in opposition of the client 's interests and had not entered appearance nor file complaint as this was an urgent matter regarding parent leaving state with child. Nothing of any substance had been done. 

The most aggravating part of this matter was the attorney 's office was going to refund part of the money via XXXX in the finance department until I disputed the entire amount. Now they have withheld all of the monies AND my credit card company has supported this charge on the financial end which it is in their interest to do. None of the below was done or at least discussed. 

RULE 301.5 FEES 1.5 ( a ) An attorney shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following : ( 1 ) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly ; ( 2 ) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment of the attorney ; ( 3 ) the fee customarily charged in the locality for similar legal services ; ( never done ) ( 4 ) the amount involved and the results obtained ; ( never done ) ( 5 ) the time limitations imposed by the client or by the circumstances ; ( we stressed urgency ) ( 6 ) the nature and length of the professional relationship with the client ; ( nothing ) ( 7 ) the experience, reputation, and ability of the attorney or attorneys performing the services ; and ( never met with attoney we made appt with ) ( 8 ) whether the fee is fixed or contingent. ( Never discussed ) ( b ) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the attorney will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. ( money paid was gone on emails and file set up before we even knew what the fees or costs would be ) Notes on Law Reasonableness of Fee and Expenses -- [ 1 ] Section ( a ) of this Rule requires that attorneys charge fees that are reasonable under the circumstances. The factors specified in subsection ( a ) ( 1 ) through ( 8 ) of this Rule are not exclusive. Nor will each factor be relevant in each instance. Section ( a ) of this Rule also requires that expenses for which the client will be charged must be reasonable. An attorney may seek reimbursement for the cost of services performed in-house, such as copying, or for other expenses incurred in-house, such as telephone charges, either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred by the attorney.

Basis or Rate of Fee -- [ 2 ] When the attorney has regularly represented a client, they ordinarily will have evolved an understanding concerning the basis or rate of the fee and the expenses for which the client will be responsible. In a new client-attorney relationship, however, an understanding as to fees and expenses must be promptly established. Generally, it is desirable to furnish the client with at least a simple memorandum or copy of the attorney 's customary fee arrangements that states the general nature of the legal services to be provided, the basis, rate, or total amount of the fee and whether and to what extent the client will be responsible for any costs, expenses or disbursements in the course of representation. A written statement concerning the terms of the engagement reduces the possibility of misunderstanding.