HELP!!! how much time does the law allow an attorney to hold settlement money ??

[CosiCeleste]

What is the name of your state? New York
I was in an accident many years ago, in November, 2004, my case was settled. The insurance company sent a check to my attorney. I am still waiting to receive my money today. I have called the lawyer's office to ask about what is taking so long, there is nothing but an answering machine. My attorney has made NO attempts to call me and NOT ONE letter has been sent to my home advising me what the problem is. Am I being naive? Did my lawyer run off with my measly settlement? Is he ALLOWED by law to keep this money??? What should my next step be??

 

[Peetie]

I doubt that the attorney ran off with your settlement, especially since you describe it as "measly" and he cannot simply keep it. He is allowed to take his legal fees and to be reimbursed for disbursements made in your case (filing fees, medical records, depositions, etc.) and the remainder is yours. He must show an accounting of the work performed on your behalf and an accounting of the disbursements paid. His fee 1/3 of the settlement amount before disbursements.

I don't know what to suggest to do.

I think you should find your retainer agreement.

I think you should send a letter by registered mail, return receipt requested, to your attorney's office. In the letter, nicely request an accounting of the fees and disbursements and request payment of the settlement due to you, cc the letter to the Judge assigned to your case, the local Bar Association and maybe the District Attorney.

If you don't hear from your attorney in about 10 days from the date the letter is signed for, I'd go to the Bar Association for assistance. They frown on lawyers doing illegal things.

Good luck.

 

[stephenk]

why don't you drive to his office and see if he is in?

 

[CosiCeleste]

ok thanks, these both seem like good options....

I am still curious, is it common not to pay for 5 months??? Shouldn't I be entitled to interest after this long? I have never heard of anything like it before. My attorney knows where I am and there is no reason for me to have to 'chase' him down to find what belongs to me anyway.

 

[Peetie]

I believe that 5 months is a little too long.

The attorney I work for pays the settlement to the client within days of us receiving the settlement check. The only holdup we usually encounter is getting the check from the issuing party. After 21 days of the issuing entity receiving (signing for) the executed release, we start charging interest. We always keep the client informed.

You can certainly start billing for interest. Whether you get it or not is another question but demanding it is the first step. Do it.

 

[CosiCeleste]

thank you

Thanks for that, I really appreciate it. I am certainly going to request interest at this point.

I mean ok, well its 5 months, conceivably I could have had this money working for ME, in an account, or other investment. I mean not one medical bill was paid by no fault (or pip). I'm upset, I was forced to negotiate an $11,000 chiro bill (now $6000 which I'm still not very happy with). I mean I was a freaking passenger for crying out loud, why on earth should I have ANY liability???

I dont know if it's common practice or what but I feel like I've been screwed one too many times from this whole deal...

All this aside, thank you for your helpful advice and information. I will definetly put it to good use.
CC

 

[seniorjudge]

What is the name of your state? New York
I was in an accident many years ago, in November, 2004, my case was settled. The insurance company sent a check to my attorney. I am still waiting to receive my money today. I have called the lawyer's office to ask about what is taking so long, there is nothing but an answering machine. My attorney has made NO attempts to call me and NOT ONE letter has been sent to my home advising me what the problem is. Am I being naive? Did my lawyer run off with my measly settlement? Is he ALLOWED by law to keep this money??? What should my next step be??

These folks would like to hear from you:

http://www.nysba.org/Content/NavigationMenu/Public_Resources/Attorney_Grievance_Procedures/Attorney_Grievance_Procedures.htm

 

[Peetie]

I mean I was a freaking passenger for crying out loud, why on earth should I have ANY liability???

CC

If you were a passenger, unless you did something to the driver to cause the accident, no liability can be assigned to you.

Something is very very wrong.