Legal Question in Personal Injury in Florida
I came to a settlement with an Auto accident I had 3 years ago. I signed the paperwork at my attorneys office 7 months ago, and they called me 3 months ago, and had received a check. I signed the check, and they said we were waiting on the next smaller settlement from my insurance. Now, they will not issue me any money until they receive this. Can they at least give me my portion from the original settlement? Why are they holding my money?
2 Answers from Attorneys
Your lawyer must pay you the amount that he is not claiming as his fee. If there is dispute between the two of you, regarding the amounts due to you and him, then he must pay you the undisputed amount, and place the disputed amount into escrow. You need a professional liability/legal malpractice lawyer to look at your case to determine if this attorney is not following professional rules and ethics. His is risking a complaint against his license for failure to disburse your proceeds and failing to communicate with you about your settlement.
Not so fast. The lawyer may have to resolve liens in your case. The agreement with the lienholders may require payment of the liens first. The best thing is to sit down with the lawyer and find out what the problem is if any, and why a partial disbursal cannot be made.
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