Legal Question in Legal Ethics in California
Non disbursment of awarded funds or overpayment of fees
After agreed upon settlement at mediation and funds sent to our attorney, how long should it take for funds to be disbursed to us? Mediation was on 5/17/00. The settlement agreement was signed 6/3/00. Settlement Agreement stated funds to be released 15 days after signing. As of this date we have not heard from our attorney or been able to contact him.
3 Answers from Attorneys
Re: Non disbursment of awarded funds or overpayment of fees
The funds can be paid to you the day the check clears. when this much time has passed 9 times out of 10 the attorney has stolen the money.
Re: Non disbursment of awarded funds or overpayment of fees
There may be any number of reasonable explanations for the delay in your receipt of settlement funds. You should first fax the attorney a letter requesting a written status report. If you know who the opposing counsel is, you can also call that office to see if the money was ever sent to your attorney, and/or if the settlement draft was cashed. If your attorney has received the money, and still will not contact you, the California State Bar can help. If your money has been wrongfully taken by the attorney, you may still recover from the State Bar Client Security Trust Fund. You may also have a tort action against the attorney. If you would like to learn more, please visit our website at www.labusinesslawyer. com
Re: Non disbursment of awarded funds or overpayment of fees
The funds should have been released by now, or you should
have been contacted by the attorney to explain what still needs
to be done (like discharging liens, etc.). In the absence
of contact, report the matter to the State Bar of California.