Legal Question in Personal Injury in Massachusetts
Car Accident Settlements
A question was brought up by friends.Lets say BOB settled with an Ins. Co. and the attorney was sent the check.Bob and the attorney know each other. Bob has not seen the check but is told,--I am taking my 1/3 and by the way you owe me the balance on a private car sale. Bob has never seen the check, and believes there are issues here. Any recourse??
2 Answers from Attorneys
Re: Car Accident Settlements
The hypothetical situation that you describe would violate the Rules of Professional Conduct, and is entirely inappropriate. The attorney in your scenario is not permitted even to take out his 1/3 before delivering the entire settlement amount to you.
One should first appeal to the attorney to do the right thing in this situation. If s/he does not, you should consider contacting the Board of Bar Overseers.
Best of luck.
Re: Car Accident Settlements
That situation would be unusual since no reputable insurance company would make a check for BOB payable to his lawyer; they always make it payable to BOTH parties. However, if the insurance company was some fly by night or involved in unethical practice, then BOB has an absolute right under the Rules of Professional Conduct to request and receive an accounting for the proceeds of the settlement. It is my normal practice to have clients sign the accounting for a settlement. If you are "BOB", call your attorney. If you are not BOB, then you may not have all of the facts.
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