Legal Question in Personal Injury in California

Can an Attorney for third party liability medical claim settlements of husband and wife in the same accident event separate them in two cases of settlement to his advantage in bigger fees for him and referrral medical doctor's fees ?

And after distributing the fees first to themselves, punish victims/clients :husband and wife by lumping their much much smaller individual amounts with the chiropractor's fees in the same individual checks as passing on Atty.'s professional responsibilty to the clients for distribution.

This punishment for clients' asking questions on distribution sharing, includes sending the checks to clients' US address when husband and wife senior citizens ( abuse?) are presently in the Philippines where they are hepless in cashing the checks; not to mention impossibilty for them to distribute fees to chiropractor which was part of Atty.'s service fees already taken from the top individual amounts of settlements.

Thank you in appreciation for your help or answers, Robert F. Posadas and Magdalene A. Posadas


Asked on 9/23/09, 3:46 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Your written retainer agreement governs how the settlement funds should be distributed. An attorney's primary obligation is to the client(s). If you are dissatisfied at the way the attorney is proposing to distribute the settlement, you should notify him in writing immediately -- it could be by e-mail. He would have to hold any disputed amounts in trust until it is resolved. Medical liens usually must be satisfied out of settlement monies due the clients and not out of attorney's fees, which are separate.

You have the right to request fee arbitration. Being abroad poses certain logistical problems, but an arbitrator should be able to work out details that are acceptable to all.

Certainly, if you remain unsatisfied after the nonbinding arbitration, you can complain to the State Bar and/or file a lawsuit against the attorney. Most attorneys would rather their clients remain satisfied if their demands are reasonable.

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Answered on 9/23/09, 4:14 am


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