Legal Question in Civil Litigation in Louisiana
my attorney has the check today from insurance company for my lawsuit he said he has to post date my check 3 days because funds need to be in his trust account can he do that
2 Answers from Attorneys
Yes. In fact, he MUST do that. If he were to disperse funds to you (or himself, the doctors, or anyone else) before the insurance company's check cleared his escrow account, he would be paying you with someon else's funds and, in effect, stealing from one client to pay another. The funds in an attorney's escrow account must be accounted for to the penny at all times and you can't pay out until the money to pay the checks has been paid in.
I agree with Mr. Lambert and I would add that should the check not yet clear and wrting checks on that money causes his trust account to be overdrawn, then he is automatically subject to immediate sanctio by the bar association..
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