Lawyers misrepresenting settlement in iinjury case

[DBell]

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

Our daughter and her boyfriend were injured in a traffic accident in August 2012, and his family referred them to a local law firm.

After two+ years, they have finally reached a settlement, tentatively saying they will each receive $1000-$1200 after medical expenses and legal fees.
The lawyer (or aid) informed my daughter that her 3 sessions with the insurance company's chiropractor totaled ~$600 and 9 further sessions with our family's chiropractor totaled $2213.

My wife mentioned to our chiro's receptionist that the issue was coming to a close, so they would finally get paid, and the receptionist said that they had heard from the lawyers, but weren't very happy with the outcome. Turns out, they offered him only $800, and when he countered, asking for $1800, was told that if he wanted more than $800 it would go back into litigation, and wouldn't settle for probably 2 more years. The first chiro was most likely similarly treated.

Clearly, the lawyers are lying to my daughter (we trust the chiropractor, knowing them for many years), and pocketing the difference in the fees.
I'm sure the actual fee paid to the chiros would be considered privileged information, so doubt my daughter can directly approach the law office and make any accusation, but what CAN she do?

A complaint to the CA Bar Association would most likely be a waste of time. We will certainly request a complete accounting of all billable hours, fees paid, and legal documents filed. Would it be worth while including a letter stating she is not satisfied with the settlement and suspects misrepresentation and undue extension of the case in order to run up their fees? Any other suggestions?

Thank you!

 

[TigerD]

The lawyer was negotiating a discount on price for his client.

DC

 

[ecmst12]

I promise that no one is pocketing anything, and your daughter will get a detailed breakdown of exactly how much was received and where every penny went.

 

[justalayman]

I'm sure the actual fee paid to the chiros would be considered privileged information,

No, it isn't.

so doubt my daughter can directly approach the law office and make any accusation, but what CAN she do?

what does she want to accuse them of? If she wants the chiro to get all their money she can. She can just tell the lawyer to pay the entire chiro bill. Of course that means she will get $1000 less than she was originally told but that is how it works.

 

[DBell]

Lawyers misrepresenting settlement

If my daughter was informed that she was only getting $1100 *because* the Chiro was receiving $2213, but the Chiro actually only received $800, I still feel there is a misrepresentation.

We will see what the detailed accounting actually shows.

 

[quincy]

If my daughter was informed that she was only getting $1100 *because* the Chiro was receiving $2213, but the Chiro actually only received $800, I still feel there is a misrepresentation.

We will see what the detailed accounting actually shows.

How old is your daughter?

As a note, I would be VERY careful about making any accusations about the attorneys without proof of the truth of what you say. Defaming an attorney is not the smartest thing to do.

 

[Zigner]

If my daughter was informed that she was only getting $1100 *because* the Chiro was receiving $2213, but the Chiro actually only received $800, I still feel there is a misrepresentation.

At this point, that's where it stands. However, if the Chiro accepts less, then your daughter gets more. You're really putting the cart before the horse here.

We will see what the detailed accounting actually shows.

Good.

 

[DBell]

How old is your daughter?

As a note, I would be VERY careful about making any accusations about the attorneys without proof of the truth of what you say. Defaming an attorney is not the smartest thing to do.

She is 22, 20 at the time of the accident.
And I agree about being VERY careful!

 

[DBell]

At this point, that's where it stands. However, if the Chiro accepts less, then your daughter gets more. You're really putting the cart before the horse here.


Good.

To my second-hand understanding, it's all a done deal at this point; the Chiro has accepted $800, but my daughter is only getting $1000-1200 "because the Chiro charged $2213".

We will wait until we se an accounting, before taking this any further.

 

[quincy]

She is 22, 20 at the time of the accident.
And I agree about being VERY careful!

Thank you for providing your daughter's age. It is nice that you are looking out for her best interests.

Most attorneys are not going to risk their professional licenses by pocketing money that rightfully belongs to their clients (it's possible, but not likely).

I am glad you will be careful in speaking about the attorneys involved.