Legal Question in Personal Injury in California
My lawyer deposited my settlement check into his trust without my signature, he says he can, can he? dont i need to sign it?
4 Answers from Attorneys
His retainer agreement probably authorized him to do so on your behalf, although it would be better practice to make you come sign it to avoid the question. Many attorneys sign for the clients this way, especially when the client is out of area and would have to come in to sign. The attorney is NOT going to mail the check to you and lose control over it or risk loss in the mail.
If you contend he has done something seriously wrong, like settling without your consent as to the amount, or if he embezzles the money, then you have grounds to complain.
No. He put the check in the proper account. Many attorneys place settlement checks into their personal accounts and get disbarred over it. Why are you complaining about an attorney doing it right?
Not necessarily. If the check is made out to just the trust, or if you provided a power of attorney for the attorney to sign (perhaps in the fee agreement) he can sign for you. Note, you must still approve the settlement.
Usually the check is made payable to the lawyer, in trust for the client, and is deposited into the lawyer's client trust account. Then once that clears, which can take a week or two, the lawyer should then promptly distribute the funds. If there is a fee dispute between the client and the lawyer, or if the lawyer is still negotiating with the health insurer over its reimbursement claim, the lawyer must promptly distribute to the client the portion of the funds not subject to the dispute.