Legal Question in Legal Malpractice in California

Settlement

I was involved in an automobile accident , and received a settlement after treating for about a year and a half. My attorney settled the case without it going to court, with the attornies for the oterh party involved, my question is this: The amount of money i settled for , or ended up with in my pocket after all my bills were paid, isnt that confidential information, and between my attorney and me only?? This information should not have been given to the doctors that were paid on my case, they should have been paids their amount due and not been given other information , correct?? Wouldnt that be a breech in attorney/client privelidge?? Please let me know, i would appreciate your help!!

Thank you!!


Asked on 6/21/00, 6:02 pm

1 Answer from Attorneys
Jeffrey Zinder Zinder & Koch

Re: Settlement

In theory you may be correct. However, as the settlement involved a 3rd party, the other person's insurance company, it is not a privileged communication between client and counsel and therefore not technically privileged. If, however, one of the terms of the agreement included a provision making the settlement confidential then you may have a complaint. Another frequent reason that doctors are advised of the total settlement is that at times they may be willing to compromise the bill which they may have had on a lien basis. Finally the lien may itself have required you or your attorney to reveal the amount of any settlement. The bottom line is that before you assume that your lawyer may have made an error and you think you have another lawsuit find out all the facts.

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Answered on 8/31/00, 5:34 pm


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