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Lawyer never contacted me about the settlement

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sanding112

Junior Member
New York Case. My grandmother fell back in 12/91 and we sued the owner of the home. The case was settled in 10/2001. The Insurance Agency sent my mother a letter stating that the funds have been sent to the attorney. My mother tried for 3 years to get to the attorney and they kept telling her that they attorney was away or that someone else was handling this or that they were waiting for Medicare to contract them about the lien. She finally felt at a lost and called me. I called threatening to contact the NY Bar association and they finally got on the phone. The attorney called Medicare with me on the phone and Medicare said the last communication with the law office was back in 2000. Which means they never called. Is this considered Malpractice? Are they still entitled to the 33 1/3% fee?
 


sanding112

Junior Member
My grandmother's hospitalization and doctor's care was paid for by Medicare coverage. The Attorney's contacted my mom in 2000(before the case settled) that they have a bill from Medicare for $13,000. Therefore Medicare had a lien on the settlement until they are paid off.

My mom has called the attorney's office continuiously since 2001 to find out what the hold up is and was always told that they are waiting for Medicare to give them a final figure. I finally got through to the attorney and he called Medicare with me on conference. The lady at Medicare said that the last contact they had with the Law Office was in 2000.

So they lied to my mom. Now we are truly waiting for Medicare to give us a final figure.

We still don't have our money yet.
 

sanding112

Junior Member
Can anyone help me??

New York
I have been in touch with the attorney's office for the past 3 years trying to get them to send me the settlement we won in a case. Attorney will not take my call and assistants keep telling me they are researching any liens on the money. I finally threatened to call the Bar Association and they finally got on the phone and it turns out that in the past 3 1/2 years, they have done nothing.
Now it's been almost month and still I don't have the money!!

Is this ethical?
 

Dandy Don

Senior Member
Do you know how much the settlement was?

You need to visit the attorney's office in person to get an explanation of what is going on with this situation.

If you still get stalling and no reasonable explanation, it's time to get another attorney and sue him in court.

DANDY DON IN OKLAHOMA ([email protected])
 

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