First of all...Thank You
For your response...
Oddly enough, in this case, the check was sent to my attorney's office, also prior to a release being signed. Another agent ( a different one than handled my case) at the insurance company told me today that their normal policy was to send out the check after the release was signed, but that in this case there was apparently an exception made, for some reason.
An attorney (B) acquaintance (isn't charging me anything), more or LESS, called and mentioned to my original attorney (A) the approach you suggested. stating I should walk w/ the $4,000, because in B's opinion, he didn't think a judge would realistically set aside the dismissal in a case this size and would only tell me that my only recourse would be against attorney A. However, I know a few attorneys, and have got different responses from just about each of them on the "set-asideability" (and the time frame for doing so). Additionally, my original attorney stood firm stating that there was some sort of oral release agreement (though I walked out of his office with the Release Draft in my hand to review), and that if I thought he did something wrong, I could go to the bar. If I ACTUALLY did, I presume he would THEN fix whatever he's screwed up. Or he would claim my inaction, at this point, has caused an irreversable consequence. He has apparently given me a low offer. denied my right to find another attorney (because of the amount involved and any smoke screens he's additionally thrown up), and denied my right to a jury. We checked and he was disciplined by the bar before (albeit 20 yrs prior), so I would imagine that if he's still screwing clients, he's REAL careful. I guess, like you said, I will write him another letter ASAP.
Just as a side, in reviewing the paperwork...when he filed the case he named only the driver as a defendant, not her employer. My name was misspelled all over the court records and he filed my case with the wrong courthouse! I wonder if there is another case out there relating to this accident. I should warn you that, ever since I received my CPA license I keep bumping into white collar crooks. What is difficult is that, first of all, I am never looking for them...they seem to find me! Then to top it off, I just can't stand white collar crime when our society seems so quick to point to WELFARE and "BUMS" as America's societal cancers...OK, I'll stop...you really don't deserve my ranting as you have been so obliging to offer your assistance.
As you suggested, I will write another letter! Any other recommendations you may have will be greatly appreciated.