Attorney cashing clients QDRO check for fee's due

[socalgal]

What is the name of your state (only U.S. law)? CALIFORNIA

My lawyer has taken three years to get my QDRO check from my ex's employer. (I believe MY lawyer dropped the ball and delayed the transaction because my ex's employer has been fully cooperative on this). My Ex's plan administrator had to call me directly and tell me that my lawyer had had my check for several weeks and was trying to cash it. They repeatedly asked the administrator to re-issue the check in their name, ignoring the administrator’s explanation that it would cause me to have a "taxable" event and penalties should he check be cashed. (Needed to be roll-over to a qualified plan). I immediately called my lawyer and went to pick up the check, they told me that the receptionist accidentally endorsed the check, but crossed it out and it would be OK. (no mention or repeatedly endorsing and trying to get the check re-issued in their name) I called my roll-over plan, and they said they would not accept an endorsed check, even it was an error. This caused additional delays in receiving the money, as I had to have the check voided and re-issued - no changes to the original check, just a fresh one with no endorsements stamped on back.

I do have a balance due with my attorney, ($1,200) that I am currently questioning him about. (duplicate charges, severe problems in getting details of charges - it took two years for them to send me a detailed statement on my account charges) and questionable charges, such as training and getting a new employee up to speed on my case.

My question is, is it legal. Or ethical for an attorney to cash, or keep clients QDRO check ($30,000). I was told that the check would come directly to me (at my home) but my attorney’s book-keeper called and requested the third party administrator overnight it directly to them instead. I have all emails back and forth with my attorney’s office, and my ex's employer of them trying to get the check re-issued. (My ex's employer forwarded them to me, when she found out what they were doing)

Any help would be appreciated. This just seems unethical and shady to me.

[Ohiogal]

File a complaint with the Bar association.

[mistoffolees]

Originally Posted by Ohiogal

File a complaint with the Bar association.

Or, start by talking to someone senior at the law firm and give them a chance to make good on the problems they caused.