Legal Question in Real Estate Law in Massachusetts

settlement

I recently settled a case . My lawyer told me several times we would sit down together and go over his fees,all sign the check (my wife,myself and him)

He called me yesterday to tell me he deposited the check and will write out a check to me for the balance AFTER his fees. We never indicated we would not pay him but I am now wondering if this was right for him to do. How can an attorney deposit a check made out to both parties with out our signatures? Thank you


Asked on 10/13/08, 4:13 am

2 Answers from Attorneys

Re: settlement

I assume you signed an engagement letter. I assume this was a contingency fee case. It is common in such agreements to provide that the attorney will deposit the check into his IOLTA/Client trust account.

He would then cut checks for his fees and costs and the balance to you. He should seek your agreement before cashing the check to his firm.

It is not illegal or unethical as to what he has done. This is the usual way. If you do not agree with his calculations, then you can seek the courts review and he cannot deposit the check for his fees into his operating account.

You can also seek a fee hearing with MA Bar Association.

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Answered on 10/13/08, 11:17 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: settlement

He cannot unless the attorney has the authority to do so.

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Answered on 10/13/08, 9:38 pm


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