Legal Question in Real Estate Law in California

My lawyer is going to be receiving my surplus funds and is holding the check addressed to me until I pay him the balance I owe him. I told him I needed the money in order to pay him. Is it legal for him to do this?


Asked on 2/25/13, 9:16 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It depends on the terms of your retainer agreement and whether you were given notice of his right to impose a lien on your property for unpaid bills.

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Answered on 2/26/13, 8:30 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, it may depend upon whether the funds are received via a two-party check, requiring both signatures to be negotiated r deposited. Many lawsuit-settlement checks are made payable jointly to the attorney and the client and must be endorsed by both.

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Answered on 2/28/13, 12:28 pm


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