Attorney stalling on escrow account

[ajkroy]

What is the name of your state (only U.S. law)? NH

My attorney is holding money for me in escrow, pending the result of divorce negotiations. On August 14, he told me he would send it to me the week of August 16. Since then, I have called and emailed several times, and each time he tells me that he has been busy and he just hasn't gotten around to sending it. Last Friday, he promised to send it on Monday. I called his secretary today to find out when I can get it and to offer to come pick it up, but she told me she has been reminding him and not to bother showing up because he is always in court.

Keep in mind that this is MY attorney.

At what point should I throw up my hands and do something? I don't even know what "doing something" would entail. File a complaint with the NH bar? Call the police?

Also, I understand that escrow means that no interest will accrue, but what about the interest I could have made from that money for the past month? He has had it for six months -- what is to stop him from earning interest on it in that time? It wouldn't be much, but it certainly would have stretched out my retainer another few months.

I just can't figure out how anyone can do business like this, if they aren't trying to get something out of it.

Thanks for taking the time to read this and if anyone has any advice, I appreciate it.

 

[Hot Topic]

Send the State Bar copies of all the letters that you've sent him and his written responses via certified mail, return receipt requested. Send your attorney a copy of the letter you sent the State Bar asking them to investigate the situation via certified mail, return receipt requested. If he returns the copy of the letter to the Bar unopened, don't reopen it. Keep it as evidence.

 

[latigo]

I'll give odds that the shyster has already spent your money, which may never have reached his trust account.

And when the bar commissioners learn of it, which they will do if you lodge your formal grievance, he will be looking for another line of work.

But I would not have you write a letter to the New Hampshire State Bar Association. Instead call and ask that they send you a complaint form.

And regardless of whether he comes up with the money beforehand be sure to file that grievance.

Because if he bypassed his trust account, or illegally dipped into it in this instance, he is likely to have a history of doing the same with other clients.

NH Bar Center
2 Pillsbury Street
Suite 300
Concord, NH 03301
Phone: 603-224-6942
Fax: 603-224-2910

 

[ajkroy]

Thanks to both of you. With conflicting advice, I'm not sure what to do now. Either way, it seems that notifying the bar is the correct thing to do. I'm glad I asked, because my initial instinct would be to to call the police.

The amount is roughly $73K. I would have no way of knowing if he spent any, unless there wasn't any left. Besides reprimanding him if he mishandled it, what process would the state bar take to compel him to return the money to me?

 

[Some Random Guy]

Besides reprimanding him if he mishandled it, what process would the state bar take to compel him to return the money to me?

Call them and ask them. Seriously. They get involved in these types of cases often and they should be able to tell you what they can do and what the process is.

If the bar association cannot help, try the NH Supreme Court's Attorney Discipline Office.

NH Office of Attorney Discipline

 

[ajkroy]

Thanks. He left me a voicemail today stating that he is sending out part of the money today and he will keep the remainder until such time as I request it from him. This is not to cover legal fees, because I still have money left from my original retainer.

I will contact the NH Bar Center today.

 

[davew128]

I'm confused about a couple things. Unless NH is different, the money should have been in an IOLTA account earning interest in YOUR name.

 

[Some Random Guy]

I'm confused about a couple things. Unless NH is different, the money should have been in an IOLTA account earning interest in YOUR name.

That's one of the reasons why we think that the attorney is probably a crook. Hence getting the bar and the state discipline office involved.

 

[Dillon]

What is the name of your state (only U.S. law)? NH

My attorney is holding money for me in escrow, pending the result of divorce negotiations. On August 14, he told me he would send it to me the week of August 16. Since then, I have called and emailed several times, and each time he tells me that he has been busy and he just hasn't gotten around to sending it. Last Friday, he promised to send it on Monday. I called his secretary today to find out when I can get it and to offer to come pick it up, but she told me she has been reminding him and not to bother showing up because he is always in court.

Keep in mind that this is MY attorney.

At what point should I throw up my hands and do something? I don't even know what "doing something" would entail. File a complaint with the NH bar? Call the police?

Also, I understand that escrow means that no interest will accrue, but what about the interest I could have made from that money for the past month? He has had it for six months -- what is to stop him from earning interest on it in that time? It wouldn't be much, but it certainly would have stretched out my retainer another few months.

I just can't figure out how anyone can do business like this, if they aren't trying to get something out of it.

Thanks for taking the time to read this and if anyone has any advice, I appreciate it.

if me i would call irs, for i am not sure he is reporting the income on his taxes.

i mean he may think the money is a gift. it was not a gift, Right?

i would also charge him, interest for everyday he withholds the money.

what name is on the account? if its his account he needs to report it to the irs.

 

[ajkroy]

if me i would call irs, for i am not sure he is reporting the income on his taxes.

i mean he may think the money is a gift. it was not a gift, Right?

i would also charge him, interest for everyday he withholds the money.

what name is on the account? if its his account he needs to report it to the irs.

Huh?

I don't think you read my post correctly, Dillon.

Thanks to everyone who helped me. I received some of the money on a check that was clearly labeled an IOLTA account (I wouldn't have even known that term if davew hadn't mentioned it -- thanks!). The NH Bar Center is looking into this now.

 

[anteater]

Huh?

I don't think you read my post correctly, Dillon.

Don't worry. Most everybody has the same reaction to Dillon's posts.