Legal Question in Personal Injury in California

There is little reason to doubt what your lawyer is telling you. And the receiver probably had every right to sell the lien without telling you or getting your permission.

You can't make the lawyer give you any disputed portion of the settlement until the disputes are resolved. If there is additional money that you are clearly going to get, then you should be able to get it now. (Bear in mind that your lawyer may have the right to hold some of it to pay expenses.)

If you really want to, you can fire the lawyer and deal with the collection agency yourself. I don't think that would be wise; such agencies are usually much harsher on people who don't have counsel. Besides, your lawyer had already earned his fee so even if you fire him he won't have to give you a refund.

Well you won't like the answer. First, by placing your medical bills on a lien you delayed having to pay your medical bills right away. For most clients that is a good thing.

The doctor going into receivership does not seem to be related to your attorney at all, nor does the receiver selling the lien to a collection agency. Essentially, the doctor's receiver sold the doctor's right to recover for the treatment that you received to a collection agency. They typically would not need your permission to do so but merely notify you after the fact as to whom you need to pay for the services received.

You DO have a choice to deal directly with the collection agency. However, your lawyer cannot pay the money to you for your medical bill due to the existence of the lien. Otherwise, the lawyer would become personally liable to the collection agency if you decide not to pay the collection agency. No lawyer wants that.

So, based on the facts that you have given it does not seem that your attorney that is holding you hostage. Instead, it seems to me that the collection agency is doing so in seeking to get paid for the debt that it purchased from the doctor's receiver.

However, it seems to me that your attorney should distribute to you any money in excess of his/her attorney's fees in the case, costs advanced in the case and the full amount of any outstanding liens like the one that the collection agency has against your case. Depending on the amount of the settlement and the amount of the bills, there might not be anything left over for you.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS�

910 Hampshire Road, Suite R

Westlake Village, CA 91361

Tel: 805-494-6557

Fax: 805-494-0990

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website: www.legalwarriors.com

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