is this legal????

[mysteryunicorn]

What is the name of your state? California I am a retired carrer Navy man in my 70's pleagued with knee problems. Medical malpractice led to a law suite that I was awarde a substantial (to me) settlement. (almost $300,000.00) my attorney has been paid but here we are two plus years later am still waiting for the majority of my settlement. i cannot speak with my attorney seems he ignors my faxes emails and letters. he said my money is in an account and is waiting to be released. i found out through my own investigation that the only reason the money was not released is because two years ago my attorney failed to submit a document to medicare and without this document I cannot get my money. i got the proper form and sent it to my attorney explaining what he neede to do and that we can have this all settled within a months time. NO RESPONCE still!! My question is my attorney told me that the money is in an interest baring account and that the interest will be going to him into an attorney's fund. What is that? My money is making him more money after he already took his fee of over 33%. Is this legal?

[seniorjudge]

Do two things:

Hire a legal malpractice attorney

AND

File a complaint with your state bar.

[Silverplum]

Originally Posted by seniorjudge

Do two things:

Hire a legal malpractice attorney

AND

File a complaint with your state bar.

At once. Immediately.

[Texas Pooh]

My question is my attorney told me that the money is in an interest baring account and that the interest will be going to him into an attorney's fund. What is that? My money is making him more money after he already took his fee of over 33%. Is this legal

In all likelyhood, your settlement is a client trust account. Interest on client trust accounts is not paid to the attorney, but is collected by the state board (or a related agency) and paid to fund free or reduced cost legal services. While I realize this doesn't help you, at least your attorney is not getting the interest.

It also sounds like your attorney did not get the Medicare lien released. Medicare has a lien on any monies you are awarded for the cost of any medical care you received. The lien has to be paid before any settlement is disbursed. There is a process to have this done, and it can take a few months, but not two years. In addition, the lien should have been settled before the settlement was done; otherwise, you don't know how much of your settlement will have to be paid to Medicare, and that makes it difficult to evaluate the settlement. Have you been advised how much the lien is?

As suggested, call the State Bar immediately and see if they will investigate. If you signed an agreement with the lawyer, check it; sometimes, those agreements contain a dispute resolution clause (e.g., mediation) which you may need to follow. In any event, you're going to need a malpractice lawyer.

[mysteryunicorn]

Thank you all so much you have helped me more than you know. I have taken your advice and I think things will be fine.

[Silverplum]

Originally Posted by mysteryunicorn

Thank you all so much you have helped me more than you know. I have taken your advice and I think things will be fine.

I'm glad to read that. Please do come back and update us. I wish you well, retired Navyman.

[Hot Topic]

Call the State Bar at 1-800-843-9053.