My lawyer lied to me

[CourtClerk]

Originally Posted by ratrodder

All of my attorney's fees have been paid and not by the insurance company that the settlement was coming from.

Who paid the attorneys fees? Why didn't the court award attorneys fees as part of the settlement?

Better question: Did YOU pay the attorneys fees and is there no agreement to recompense you for those (if you paid them)?

[ratrodder]

Originally Posted by CourtClerk

Who paid the attorneys fees? Why didn't the court award attorneys fees as part of the settlement?

We never actually had to go to court to settle. The insurance company settled out of court.

[CourtClerk]

Originally Posted by ratrodder

We never actually had to go to court to settle. The insurance company settled out of court.

Who paid the attorneys fees? If there was litigation, there were attorneys involved....

[ratrodder]

And I can assure you that I have no interest in Disney World myself. I only want what was promised to my daughter. It's not like I'm taking some huge amount of her award money and spending it on cars or boats or any such thing. I'm doing this for her because she was promised it.

[ratrodder]

I paid the attorney fees.

[azlawstudent]

Originally Posted by ratrodder

And I can assure you that I have no interest in Disney World myself. I only want what was promised to my daughter. It's not like I'm taking some huge amount of her award money and spending it on cars or boats or any such thing. I'm doing this for her because she was promised it.

Nothing was promised to your daughter. Do you have a transcript of the conversation with the attorney's assistant? It's entirely possible events transpired making obtainment of the $5k impractical, or that she merely said "I'll see what we can do, but I don't think it'll be a problem," or something else that was not an affirmative guarantee of $5k in cash.

Were you aware that the settlement funds would be placed into an annuity for your daughter before asking for the $5k? Furthermore, are you aware of the tax benefits of an annuity arrangement? By putting the money in an annuity, your daughter will, over the course of the annuity, potentially get more than $5k in tax-free income.

[ratrodder]

Yes I do have proof of a promise of the $5000 to be given to my daughter. My lawyer's assistants' exact words were "you're getting the Disney World money." As for the annuity, I asked that the money be placed into an annuity that would no be accessible to anyone but her on her 18th birthday. I chose this because of the growth potential and relative safety of an annuity vs. other ways of handling her monies. As I stated earlier, in a conversation with my lawyer himself earlier today he admitted to me that he spoke out of turn. We only just told my daughter that we would be able to take her to Disney World this year on Monday when we were notified that the judge would allow this. Then on Wed. we were told that we were not getting the money after all. If my lawyer had handled himself ethically and professionally and not acted upon an assumption this would have not been a problem. We would have just put the trip off probably for a couple years. It became a problem when I had to renig on my promise to my daughter, and that I do not take to lightly.