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Doesn't a settlement have to be in writing?

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LawyersRSharks

Junior Member
What is the name of your state? South Carolina
I have a case that was "settled" in November, 2005. I use the phrase loosely because I have never seen the settlement document in writing from my attorney, nor have I seen a check. Everytime I ask my attorney about this (I acutally get to talk to him once every six weeks or so when he finally calls me back, usually at odd hours when he thinks I won't be there... sorry, I digress).
I have absolutely no knowledge of what this attorney agreed to with the other side, so how can I know if I want to accept it. He keeps acting like "I've got money for you" but then won't produce a settlement document. I'm not going to accept money for something I don't know what this lawyer agreed to. I don't know what the hell, if he thinks I am so greedy for $$$ that I will just take what money he throws my way and go away or what. Am I correct in asking for?:
1) The settlement agreement in writing;
2) An accounting of the funds of the settlement;

Other items:
1) I never signed a "retainer agreement" with this lawyer, he was always paid at an hourly rate.
2) The one time somebody had to show up in a courtroom over this, I was there alone because he was at trial in another county -- he left it up to me to make amends for his absence to the judge and represent myself; as a result the judge delayed the hearing another 30 days and wanted to hear from my attorney -- then the magical settlement was made.
3) There were several things I requested beside the monetary amount (material things) and none of them have come to fruition yet. Not having a written settlement, I have no clue whether this lawyer had those included.

My gut tells me that this is not "the way things are usually done" -- what the lawyer keeps telling me
 


seniorjudge

Senior Member
LawyersRSharks said:
What is the name of your state? South Carolina
I have a case that was "settled" in November, 2005. I use the phrase loosely because I have never seen the settlement document in writing from my attorney, nor have I seen a check. Everytime I ask my attorney about this (I acutally get to talk to him once every six weeks or so when he finally calls me back, usually at odd hours when he thinks I won't be there... sorry, I digress).
I have absolutely no knowledge of what this attorney agreed to with the other side, so how can I know if I want to accept it. He keeps acting like "I've got money for you" but then won't produce a settlement document. I'm not going to accept money for something I don't know what this lawyer agreed to. I don't know what the hell, if he thinks I am so greedy for $$$ that I will just take what money he throws my way and go away or what. Am I correct in asking for?:
1) The settlement agreement in writing;
2) An accounting of the funds of the settlement;

Other items:
1) I never signed a "retainer agreement" with this lawyer, he was always paid at an hourly rate.
2) The one time somebody had to show up in a courtroom over this, I was there alone because he was at trial in another county -- he left it up to me to make amends for his absence to the judge and represent myself; as a result the judge delayed the hearing another 30 days and wanted to hear from my attorney -- then the magical settlement was made.
3) There were several things I requested beside the monetary amount (material things) and none of them have come to fruition yet. Not having a written settlement, I have no clue whether this lawyer had those included.

My gut tells me that this is not "the way things are usually done" -- what the lawyer keeps telling me


Keep all your questions in your original thread.

https://forum.freeadvice.com/showthread.php?t=319807
 

LawyersRSharks

Junior Member
Totally different matter

This is a totally different matter --- different case. THIS was over some judgements I had and filed them against some property the fellow who owed me owned. I used this attorney to make sure the judgements were filed against the real estate correctly. THIS doesn't have a thing to do with carpet.
 

Dandy Don

Senior Member
No wonder you have such a low opinion of attorneys--this one is a real stinker!!

If he is not willing to give you your money OR a copy of the settlement documents, that means he is lacking in integrity and is out to screw you or is hiding something.

Get a new attorney and get guidelines from him whether you need to officially fire this joker and how to do it. And then file an ethics complaint with the South Carolina State Bar Association to call him to accountability so he'll think twice before doing it to someone else.

DANDY DON IN OKLAHOMA ([email protected])
 

LawyersRSharks

Junior Member
Thanks for the advice

Thanks for the above advice. I have contacted this attorney to "get my file" from what I understand, I own the file. He has now went about throwing up roadblocks as to why I can't have it. 1) He needs to copy everything before he gives it to me (okay isn't that what secretaries are for?); 2) He has broken (cancelled) two meetings so far this week for me to pick up the file (claimed he had court that he didn't know about on one and then on the other, he had a dental appointment he forgot about).
I called him yesterday and told him I would just have a courier pick the file up and he started in again about how he has to get everything copied and "make sure everything is there". I said okay, call me when it is done and I will send the courier over then. He was to have done it by the end of the day yesterday and of course I haven't heard a word as of this morning. I called his answering service and was told he was out of town until Monday so apparently he took a three-day weekend.
I have kept copies of everything I have ever given this first attorney and already made an appointment to consult with another lawyer this afternoon on this whole mess. My questions now are:
1) The second attorney I am seeing for a consult this afternoon is aware the first attorney has represented me in all of this and of the "difficulties". He has agreed to "look at" the situation and advise me as to the course of action. I'm not violating anything here by consulting with this second attorney? I am assuming the 2nd attorney wouldn't be consulting with me if he was in danger of anything ethical?
2) If things are as I suspect (no written settlement, no money) then who is liable in this whole thing NOW? I haven't accepted a penny of the purported settlement and as far as I know the judgements are still on the books against the real estate the fellow who owed me owned. But doesn't this go deeper now? The guy the judgements were against sold his real estate and there was an additional contract that I would be paid half the equity from the sale (I accepted this agreement, and it is in writing, in lieu of another debt back in 2003 versus having to go get yet another judgement against this guy). Anyway, this first attorney says he "settled" just for the judgements on the books as a "way of getting our money" when the guy sold the real estate. The other agreement, for one-half the equity if and when the real estate sold, was never pushed for by this first attorney even though he and the closing attorney on the real estate were both aware of its existence. This was $20,000 they left on the table that I was due by this written and signed agreement! (In addition to the judgements on the books which total about $4,000). As I stated before, to date, I have seen not a penny nor any written settlement. Isn't EVERYBODY in this now up to their eyeballs? How did they get title insurance on the real estate when it sold if the judgements were still on the books (and they were as of yesterday when I last checked with the courthouse)?
 

Dandy Don

Senior Member
Your questions are valid but you are making this much more difficult than it has to be. Hire the new attorney and he knows exactly what to do to get the file from the other one but before you pay him/hire him get him to explain exactly what those steps are.
 

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