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  #1  
Old 04-20-2004, 05:03 PM
mrGolfer
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Suspicious Lawyer -- Need advice


Texas -- I recently settled a personal injury case with the help of a local lawyer. For some odd reason, I have been getting the feeling that I have been frauded or been part of a fraud (unknowingly).

I recently picked up my check from my lawyer for a personal injury case that was recently settled. The settlement was for $5600. My portion of the settlement was handed to me by my lawyer in his business check for the amount of $1561. Now while in his office, he shows me two documents. One of which was a copy of the insurance check he received and the other was a letter of agreement. The letter stated the total settlement amount ($5600) and itemized the lawyer's cut (33% - $ 1867), the chiro's cut (33% - $1867), radiology fee ($105), legal expenses ($200), and then the remaining amount which was for me ($1561).

Now when I saw that the chiro got 33%, that threw up a big red flag. I don't see how that is ethically right. What I want to know is if this is legal. And if so, is this normal practice? I am beginning to suspect that the chiro and lawyer had a deal cut out to drive the settlement amount up. Can anyone shed some light on this? I am really bothered by this. Thanks.
  #2  
Old 04-20-2004, 05:12 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Suspicious Lawyer -- Need advice


Quote:
Originally posted by mrGolfer
Texas -- I recently settled a personal injury case with the help of a local lawyer. For some odd reason, I have been getting the feeling that I have been frauded or been part of a fraud (unknowingly).

I recently picked up my check from my lawyer for a personal injury case that was recently settled. The settlement was for $5600. My portion of the settlement was handed to me by my lawyer in his business check for the amount of $1561. Now while in his office, he shows me two documents. One of which was a copy of the insurance check he received and the other was a letter of agreement. The letter stated the total settlement amount ($5600) and itemized the lawyer's cut (33% - $ 1867), the chiro's cut (33% - $1867), radiology fee ($105), legal expenses ($200), and then the remaining amount which was for me ($1561).

Now when I saw that the chiro got 33%, that threw up a big red flag. I don't see how that is ethically right. What I want to know is if this is legal. And if so, is this normal practice? I am beginning to suspect that the chiro and lawyer had a deal cut out to drive the settlement amount up. Can anyone shed some light on this? I am really bothered by this. Thanks.


My response:

How much was your chiropractic bill? I'll bet it was far more than the $1,867.00.

IAAL
  #3  
Old 04-20-2004, 05:30 PM
mrGolfer
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Well, according to the letter the chiro bill was $1867 exact. Which was 33% of the total settlement.

In other words, I got 33%, the lawyer got 33%, and the chiro got 33%. Isn't this suspicious?
  #4  
Old 04-20-2004, 07:22 PM
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Join Date: Jan 2000
Location: Los Angeles, California
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Quote:
Originally posted by mrGolfer
Well, according to the letter the chiro bill was $1867 exact. Which was 33% of the total settlement.

In other words, I got 33%, the lawyer got 33%, and the chiro got 33%. Isn't this suspicious?

My response:

Okay, I understand that. But, I also understand from your response that you don't know the exact "actual" billing amount from the chiropracter. Call the attorney and ask for a copy of the doctor's billing. You'll see that it was more than you're actually paying to settle his bill. It's called a compromised settlement, and everyone agrees to it as their full and final payment.

This is a typical settlement scenario. The doctor bills are high and, in order to effectuate a quick settlement, because the insurance company isn't going to offer any more money without going into litigation, the attorney does a "three-way split". The attorney gets his third, the doctor agrees to reduce his billing to a third, and you get a third.

There is no "scam", "collusion" or "conflict of interest". This type of settlement scenario is done all the time, each and every day. It's also done so YOU don't have to live your life for years in the litigation process and you can move on with your life.

IAAL
  #5  
Old 04-20-2004, 08:53 PM
mrGolfer
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Thanks for everyone's response.

I guess my real issue is with the way my case was handle by the lawyer.

Thanks!!
  #6  
Old 04-20-2004, 09:02 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by mrGolfer
Thanks for everyone's response.

I guess my real issue is with the way my case was handle by the lawyer.

Thanks!!

=====================================


My response:

Everyone?

Ahem . . . it was only me that responded to you - - and my name isn't Sybil.

IAAL

Last edited by I AM ALWAYS LIABLE; 04-20-2004 at 09:17 PM.
  #7  
Old 04-20-2004, 09:04 PM
krispenstpeter
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Cisco, Easy Rider, Lone Ranger but NOT sybil
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