ComplaintsforThe Law Office of Robert Eckard & Associates, P.A.

• Initial Complaint

  03/07/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  1. On October 10, after spending 20 hours collecting and organizing data, I had a free consultation with the law firm. 2. During an hour long conversation in which I was told for between $1000-2500ish I could expect a demand letter and it would be reasonable to ask / settle for approximately $75,000ish. I made it clear, that cost was important and that I wasnt that interested in litigation.3. Based on the math presented, I thought it was reasonable investment, so I paid the retainer.4. When paying the retainer I was under the impression I had a strong case.5. Between paying the retainer in late November 2023, and February 1, 2024,I had zero communication with the firm. This is neither customary or reasonable. 6. On February, 13, almost 3 months later, I received a copy of a demand letter with numerous errors which do not justify the billable hours.7.When I have tried to resolve the issue directly with the firm, I have received no emails back. As a result I have filed complaints with this office and the ******* Bar.I can email more information along when the case is opened.

  Customer response

  03/07/2024

  So I got scammed, by a crooked group of lawyers! Let me explain:
  
  
  Before reaching out to an attorney I spent more than 20 hours collecting evidence and documents. During the consult, I was clear that the documentation provided was EVERYTHING that was available. After an free hour consultation with Robert Eckard & Associates, P.A with ***************************, i was told my case was worth $75,000,  I paid a $5000 retainer in November 2023.? 
  
  
  I didnt even hear from the firm again until February 1, 2023, almost 8 weeks later. At this time, I was told that my case was to be transferred from one lawyer to another (exhibit 8)
  
  
  On February 14, almost 3 months after paying a retainer, I got a letter which was incomplete, did not have a grasp of the key aspects of the case and asked for 1/3 of what I was told that I should demand (exhibit 2).
  
  
  On February 15, I got an email asking to clarify the information about the case (exhibit 9). 3 months in, and the firm has no ideas the details of my case? 
  
  
  When I complained. No response. In fact to this day, I have gotten no response about being charged $2500 for incompetent and useless work (see bill, exhibit 7).
  
  
  As you will see in exhibit 4 below, the firm is in violation of a dozen or so bar rules.
  
  
  The law and ******* Bar rules exists to protect against this exact is***. Yet, this firm has been allowed to simply steal money. In fact when I try and resolve the is***, I dont get any response. However I do still get emails about my bill! 
  
  
  I think the actions of the firm are outrageous. I would you please review all the documents and please give me a chance to share the story about being scammed by this law firm.
  
  
  
  
  *******
  
  
  -
  
  
  
  
  Exhibit 1: is***s with demand letter 
  
  
  From: *********************** <*************************************;
  Date: February 13, 2024 at 6:46:06 PM EST
  To: *************************** <************************************************************>
  Subject: Re: Statement of claim / *********************** [8376-2301]
  
  
  ?
  Edits needs
  
  
  NCAA SCHEME 
  
  
  1.  Under NCAA scheme, in the first sentence, it should state solicite help from ************ who is a college advisor, not an agent - they are backwards. This is very, very important difference. It must say that I was a college advisor NOT an agent. 
  
  
  2. The last sentence is not right. It should say something like; The actions taken by the ******, as well as Univeristy of ************** and the *************************** (not ******), are in violation of anti-trust laws and well established precedent, as they seek to allow an ineligible player to compete dispute being in violation of NCAA rules and *************************** Code of Conduct. Under the ******* Act, these actions about to per se violations. Such violations alone amount to $100,000 in damages per person and up to 10 years in jail.
  
  
  Please explain $27,000. In our first conversation you said 75,000$. Thats 1/3 of the amount you started with. Why is it down that much? Strength of case? Facts? You scared to litigate? I think that if you feel that the ******* Act sentence is correct, then we should ask for $100,000 from ***** and ********************* and $100,000 from *********************.
  
  
  
  
  
  
  
  On Feb 13, 2024, at 5:53 PM, *************************** <************************************************************> wrote:
  
  
  ?******* please see attached (hopefully final) draft of the letter. Please let us know if there is anything you would like revised or if it is good to go.
  
  Thanks,
  ****
  
  ******************************
  Attorney | Robert Eckard & Associates, P.A.
  **************************************************************************
  Main: ************** | Direct: **************
  Firm Website | Attorney Bio | Email | vCard | LinkedIn
  
  
  
  Exhibit 2: demand latee
  
  
  
  Exhibit 3: Letter to the firm, which got no response 
  From: *********************** <*************************************;
  Date: February 15, 2024 at 6:29:31 PM EST
  To: *************************** <****************************************************************>
  Subject: Response
  
  
  ??******,
  
  
  1. On October 10, I shared this note with ****. 
  2. After sharing, giving **** time to review, I had an hour long conversation in which I was told for between $1000-2500ish I could expect a demand letter and it would be reasonable to ask / settle for approximately $75,000ish. I made it clear, that cost was important and that I wasnt that interested in litigation. 
  3. Based on the math presented, I thought it was reasonable investment, so I paid the retainer. 
  4. When paying the retainer I was under the impression I had a strong case. 
  5. It is now middle of February. According to your billing, $2500 of time and effort has been spent by the firm; yet your email today suggests that you arent even sure I have a case. Or we need to start all over. 
  6. Your demand letter was a cut and paste copy of the attached document, which should have taken a legal aide maybe 2-3 hours, plus 1 hour of review by a lawyer. This would amount to $725. 
  7. The demand presented had numerous errors which do not justify the billable hours (per above). 
  8. For the chance at $27,000, I would not have retained you, nor pur***d the matter. 
  
  
  I want my $5000 back immediately. Please let me if you agree to this demand, or please purpose another way forward. 
  
  
  Brendan 
  
  Open my shared 
  
  
  
  
  
  
  Exhibit 4: letter to ******* bar, requesting fee arbitration 
  
  
  ***********************
  1304 ***************
  ******************* ** 33543
  
  
  ******* Bar
  ***************************************************************;
  ***********, ******* 32399-2300.
  
  
  Request for Fee Arbitration against Robert Eckard & Associates, P.
  
  
  Amount Sought: $5000
  
  
  Before entering into an agreement with Robert Eckard & Associates, P.A, I have a conversation with Attorney ***************************. In preparation for this conversation I spent 20+ hours organizing evidence, exhibits and case law. This was done so that, when engaged, the process could move as quickly as possible.
  
  
  Before paying, I made it clear that I had turned over all available documents and information.
  
  
  I was told that my case was strong, a demand letter could be drawn up and I could expect about $75,000.
  
  
  On about 11/20, 2023, I paid $5000 retainer to Robert Eckard & Associates, P.A for a case. 
  
  
  For about two and a half months, between 11/20 and 2/1/24, I received regular bills for work, but no update on my case.
  
  
  On 2/1, I was told that my case was being transferred from ************************* to ***************************.
  
  
  On 1/15, almost 3 months later, I received an updated demand letter. The letter was maybe half done. It has major errors of important facts which demonstrated a lack of due diligence. 
  
  
  On February 22, 2024, I made a demand for a full refund because:
  
  
  The quality of the work
  Numerous violations of ******* Bar Rules 
  
  
  The rules of the ******* Bar are here specifically to protect against the actions of this firm who are in clear violation of their implied covenant of good faith.
  
  
  In addition, the actions under the law also amount to fraud because 1) I relied on their statements that I could litigate the case with the information provided 2) at the time, the firm did or should have known that this was not true and 3) I was damaged to the amount of $5000.
  
  
  Finally, the actions of the firm amount to negligence under the *********************** Principal.
  
  
  Wherefore, I would request that you please accept the application for fee arbitration.
  
  
  Please: note, included is also a complaint which includes numerous violations of ******* Bar Rules. 
  
  
  Exhibit 6: complaint to ******* bar 
  
  
  ***********************
  1304 ***************
  ******************* ** 33543
  
  
  ******* Bar, 
  *********************************************************, 
  ***********, ******* 32399-2300.
  
  
  Complaint against Robert Eckard & Associates, P.A
  
  
  Before entering into an agreement with Robert Eckard & Associates, P.A, I have a conversation with Attorney ***************************. In preparation for this conversation I spent 20+ hours organizing evidence, exhibits and case law. This was done so that, when engaged, the process could move as quickly as possible.
  
  
  Before paying, I made it clear that I had turned over all available documents and information.
  
  
  I was told that my case was strong, a demand letter could be drawn up and I could expect about $75,000.
  
  
  On about 11/20, 2023, I paid $5000 retainer to Robert Eckard & Associates, P.A for a case. 
  
  
  For about two and a half months, between 11/20 and 2/1/24, I received regular bills for work, but no update on my case.
  
  
  On 2/1, I was told that my case was being transferred from ************************* to ***************************.
  
  
  On 1/15, almost 3 months later, I received an updated demand letter. The letter was maybe half done. It has major errors of important facts which demonstrated a lack of due diligence. 
  
  
  On February 22, 2024, I made a demand for a full refund because:
  
  
  The quality of the work
  Numerous violations of ******* Bar Rules (see below) 
  
  
  ******* Bar Rule state a a lawyer should not enter into a lawyer-client relationship when the lawyer cannot provide competent and diligent service to the client throughout the course of the representation.
  
  
  To date, more than 3 months after retaining counsel, there has been no competent or diligent service.
  
  
  ******* Bar Rules states a lawyer must place a clients best interest ahead of the lawyers or another partys interests. (See R. Regulating ***. Bar 4-1.7(a)(2)).
  
  
  My best interest has never been represented by my counsel. 
  
  
  ******* Bar Rules state In any representation where the fee arrangement is other than a contingent percentage-of-recovery fee or a fixed, flat- sum fee or in which the representation is anticipated to be of more than brief duration, a lawyer should bill clients on a regular, frequent interim basis, and avoid charging unnecessary expenses to the client.
  
  
  I have only been charged unnecessary, with undo delay and expense which has undermined my case. 
  
  
  ******* Bar Rules state A lawyer must routinely keep clients informed and attempt to resolve client concerns. (See R. Regulating ***. Bar 4-1.4 ).
  
  
  I have received no updates at all, on my case. 
  
  
  ******* Bar Rules state a lawyer should inform every client what the lawyer expects from the client and what the client can expect from the lawyer during the term of the legal representation.
  
  
  This has never happened. 
  
  
  ******* Bar Rules state  a lawyer should endeavor to achieve the clients lawful objectives as economically and expeditiously as possible.
  
  
  This is simply not the case. 
  
  
  ******* Bar Rules state in contractual and business negotiations, a lawyer should counsel the client concerning what is reasonable and customary under the circumstances.
  
  
  The actions taken by Robert Eckard & Associates, P.A are in direct violation of the implied covenant of the contract we entered into in November of 2023.
  
  
  No counsel has ever been provided in what is reasonable and customary. 
  
  
  The ******* Bar Rule exist to prevent my very situation for transpiring. Wherefore, I would ask the ******* *************** to please take necessary, immediately and appropriate action against Robert Eckard & Associates, P.A for their clear breach of implied covenant and ******* Bar Rules. 
  
  
  
  I also ask that a copy of this be provided to the arbitrator who will be assigned to this case.
  
  
  Exhibit 7: $2500 bill for work 
  
  
  
  
  
  
  
  
  
  Exhibit 8: the first email I got from the firm after 8 weeks
  
  
  
  Exhibit 9: email from February 15, requesting basic info on my case provided October 10, in the first consult 
  
  
  From: *********************** <*************************************;
  Date: February 15, 2024 at 7:15:13 PM EST
  To: *************************** <****************************************************************>
  Subject: Re: FINALIZED DEMAND LETTER
  
  
  ?
  
  
  
  
  I would like to attempt to finalize your demand letter; however, I am afraid that we will be unable to do so unless you can answer the following questions.
  To be clear, we will always strive to meet the clients needs. That being said, I will still need to know specific wrongdoings committed against you and your companies. Throughout this email, I will refer to you and mean you, individually, along with your businesses.
  
  In the demand letter, we have postulated several causes of action. However, we need more detail in relaying these potential claims to the parties to whom this letter is addressed.
  
  First, while it has been interesting to learn about *********************** undermining the rules of the ***** athletic conferences and/or universities/colleges she applied to or attends, my question is simple. With all due respect, what does that have to do with you? If we were to file a lawsuit on your behalf, you would have to have an interest in the litigation and right to *** for the causes of action contained therein. That is called standing. If you are seeking to *** because you feel that **************** actions were unethical, even unlawful, you will be unsuccessful because you have no interest yourself in the litigation.
  
  
  ***** is not eligible as a direct result of her business dealings with me. By  not holding ***** to the rules, she has not considered paying. Wherefore both ***** and the the schools for whom she has represented have benefited by breaking the rules, whereas I have been damaged by not getting payment and the need to pur*** the case. 
  
  
  By engaging in fraud, the parties have made the college advising business unsustainable: people can retain and then not pay. This has directly damaged me and my business, as well threatens the entire industry and the integrity of college golf. 
  
  
  I would also think as a former college coach and player, I have standing. 
  I believe in both ****** and *******, former athletes were the lead plantiffs. Both are also anti trust cases. 
  
  
  I think I also have standing as a whistleblower. ************* is a state agency, although the athletics department is not. I have reported clear violation of *** code of conduct and the law and received backlash. 
  
  
  If not, I could easily get a coach in the conference or player to be the lead Plaintiff, if you think there are serious damages here under anti trust laws / class action. 
  
  Second, we have claimed tortious interference with your business relationship with *********************************************. I would like to know which of these parties interfered with the relationship and how they did that in detail. The more details we have regarding the damages you have suffered, the more we can include in our demand.
  
  
  See document I shared via notes. ********************* interfered with my business relationship with ************************************* Academies. According to my bank statements (included in the notes), i previously made approximately $50,000 over 5 years. This business went away when ************** made false statements about me to the ******************** (see notes).
  
  
  At the time, I was looking at working at IMG Golf Academies with ***********************. *********************, who didnt know *****, reached out to ***** directly and made materially false and damaging statements which cost me the chance to earn a $100,000 contract, per year. 
  
  
  As the notes showed, without this business, my revenue dropped by like 65% (check shared notes).
  
  Third, we have claimed that you were defamed. Can you please advise if the defamation was written or oral? We will also need to know what was said or published, who said or published it and to whom it was said or published. I asked you that in a previous email and did not receive a direct response from you.
  
  
  See notes shared. 
  
  Fourth, we can allege a conspiracy to tortiously interfere with your business relationships with either ****** or IMG; however, we still need to know the players and how they tortiously interfered with your business.
  
  
  See above / notes shared 
  
  Fifth, Im not sure if you were trying to claim for breach of contract but we would have to see the contract, who it was with and the actual breach.
  
  Finally, we will have to put in an amount for a damage demand. However, if you have not suffered any damages and only wish that they cease and desist defaming you, we will need to know that as well. While you left your damage figure to **********************, I think it would be better if you came up with a realistic figure as to the damage caused to you and your companies; such as damage to reputation, loss of business, lost profits, etc. The figure must be something that you can prove in a court of law. For example, if someone were to *** for a breach of contract and that contract only involved $10,000.00, it would be unrealistic to send out a demand for $1,000,000.00. We want the addressees to take the demand seriously. If you have an idea of how you and your businesses were damaged, please provide us with that number and tell us how you came up with it.
  
  
  See notes shared, it has all the financial records. It cost me $70,000 per year to lose ****** and IMG. For life, thats a lot. 
  
  I can see that you are frustrated in this process. However, the more details we know about how you were affected and the damages you have suffered, the easier the process will be.
  
  I would like to meet with you in person if you are able to go over the above. If you are available, please call to schedule a time to meet with me.
  
  Without having these questions answered, the demand letter will, in essence, remain the same. Im afraid, however, that without any substance to the demand, it will be ignored by the addressees. Please let us help rectify this situation. Please meet with me to finalize the demand letter.
  
  
  
  
  
  

  Business response

  03/21/2024

  The allegations made in ************* Complaint are not only unfounded but false. ************ retained our office to prepare a cease and desist letter and demand for damages to various parties.The terms and scope of the firms engagement were clearly described in a Retainer Agreement, signed by ************. ************ failed to give us a complete history on his relationship with these parties. He sent numerous documents which allegedly supported his claims of tortious interference with a business relationship and defamation against each party. These documents did not provide adequate support for his claims. ************ was asked on two separate occasions to come to the office for a conference to discuss his allegations in detail;however, ************ did not do so. Instead of answering our questions regarding the full details of his potential litigation, ************ would send more documents, most of which were irrelevant to his claims, and would not provide any context or detail. This office reviewed and analyzed each document ************ sent in an effort to provide substance to the proposed cease and desist letter which resulted in legal fees being incurred. The attorney-client relationship began to deteriorate as a result of ************** lack of meaningful cooperation and involvement. The draft cease and desist letter contained all information gleaned from the documents sent by ************ but without more information from ************ himself, the letter could not be finalized.

  We subsequently asked ************ to calculate the amount of damages he wanted us to request in the cease and desist/demand letter. ************ left the decision up to the firms attorney in charge of his case. The attorney came up with a figure which did not satisfy ************ notwithstanding that ************ had no supporting documentation for any damage claim. ************** damages were based upon speculation and conjecture on lost revenue to his business for which he blamed the other parties but could not definitively substantiate or quantify.

  Notwithstanding this lack of supporting documentation, ************ wanted to expand his potential litigation by adding more party defendants with claims for conspiracy and anti-trust violations; adding claims for punitive damages and attorneys fees; and claiming damages which he not only would have had difficulty proving but were likely unable to be proven at all. ************ placed legal labels on statements made and events that had occurred which were incorrect. Most of these labels appear to be obtained from Internet searches. ************ would send us articles and case law that were not relevant to his claims. All documents sent by *********** were reviewed and analyzed to determine if each document was supportive of ************** claims.

  It was later discovered that ************** claims against these other parties stemmed from small claims cases he filed in 2021 against these same parties. ************** original claim was for $6,500.00 but he settled for $3,500.00 at mediation. He later reneged on the agreement and continued pursuing his claims in Small Claims Court until the cases were ultimately dismissed in 2023.

  His use of the term crooked lawyer in his BBB Complaint is defamatory, in and of itself. We will be aggressively defending, and if necessary, pursuing, any actions taken by ***********.

  We as lawyers are bound by the ******* Rules Regulating Lawyers and those ethical duties take priority over a clients legal strategy.

  ************ has already invoked his procedural right for redress with the ******* Bars Arbitration program.

  Should you have any further questions, please do not hesitate to contact the undersigned at ************ or by email at ****************************************************************.
  

  Nothing in this response shall operate as an admission or waiver of any claims or defenses.

  Customer response

  03/22/2024

   
  Complaint: 21397713
  
  I am rejecting this response because:
  
  Sincerely,
  
  ***********************

  Business response

  03/27/2024

  We have previously been sent the additional documents provided by ************ and have no further comment to make at this time.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩