I won (sort of) But Lawyer will not release money

What is the name of your state?What is the name of your state? Indiana

I was in a car accident in 1994. I was a passenger in a vehicle that was tboned on the passenger side by an driver who ran a stop sign. My lawyer was offered several times a settlement offer by the other driver's insurance attorney ($7500). I never knew of any offers to settle so I pushed to go to court.

The court date finally came in December of 2002. My lawyer hired a trial lawyer who presented the case. I was offered the settlement amount again but my attorney told me not to take it. I told him I wanted to settle. He bullied me into "just wait the jury will come back with a huge settlement amount." The person that was driving the car I was in was sueing the other driver also on the same case as me and did not want to settle.

Well the jury came back with a verdict for me in the amount of $2800. $1000 subtracted and giving to the defense attorney because I did not settle.

Now fast forward to August 2004. My attroney hasn't returned my calls for the last month. The clerk's office said he was given a check over a year ago. He left the partnership law office he was at. Now his phone is disconnected. Will I ever see this money? Is there any way I can find out if he was disbarred or is still practicing law? Should I or can i report him to anyone?

Any help would be great. Thanks, Jill

what did you do to contact your attorney from December 2002 up to August 2004?

I called him after court. He sent me some paperwork that said the other attorney will get $1000 of the money and that he thought I had no right to appeal the ruling. Then I started calling the courts office because he said they held the check. The clerk's office finds out summer of 03 that the check was sent to the attorney. I have called him once a month. He said because he moved the check was lost in the mail. Then I started calling him once a week. Until the phone was disconnected. No new number. I have searched for his new number but nothing.

Check lost in the mail is the oldest excuse in the book--he is just trying to get out of paying you. File a complaint against him with the local/county/state bar association (you should be able to find it listed in the yellow pages) which might not get results--but at least you could find out if they have a current address for him or not--the final outcome will probably be a cover-up to say they have no authority to do anything, but at least the official complaint will be on record and you can have a copy for yourself.

Take him to small claims court and get a judgment against him. A private investigator can probably find out where he is living now for about a $50-$100 fee.

To find out for sure whether the check has been cashed or not you can contact the company that issued the check and ask them for a copy of the front and back of the cancelled check.

Don't let this schmuck cheat you out of what is rightfully yours.

contact the Indiana State Bar and ask for the membership section. Give them your attorney's name and they will give you his current address.