Legal Question in Medical Malpractice in California

How long can my check be kept by my attorney

I settled my case in march. I just received a check my attorney wanted me to sign and send him a copy of my drivers liceses and fed ex back to him. I did this over a month ago. He said that he would send me my expenses and I would approve them then he would send those payments out. Then He would take his portion and send me mine. I have not heard from him and can not get a hold of him. I have left him numourse phone messages and emails to no avail. Does the check have to get back to me in a certain amount of time. He is earning interest on it as each day now week and months go by. How long do I need to wait? Since I am unable to make cotact with him I am very concerned.


Asked on 7/24/07, 10:45 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: How long can my check be kept by my attorney

You should be concerned. There is no particular time, but he does have a duty to communicate and act reasonably expeditiously. Interest on trust moneys for attorneys must be in an IOLTA account and the interest paid is paid to the State Bar for the public interest. You should contact the county bar association and file a formal written complaint. They will quickly and authoritatively investigate the matter. Assuming your fears are not well founded it will light a fire under your lawyer. If they are well founded it may save you from financial loss.

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Answered on 7/25/07, 1:42 am
Terry A. Nelson Nelson & Lawless

Re: How long can my check be kept by my attorney

Be concerned. Go to his office and try to sort this out. If you can't get it resolved yourself, you could have another attorney contact him, or you could ask the State Bar of California to do so.

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Answered on 7/25/07, 2:13 pm


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