Legal Question in Workers Comp in Missouri

Re: what is the legal time frame a lawyer's client must wait for a check that ha

The attorney should be allowed a reasonable time to process the final distribution of the settlement proceeds. How long it takes a check, or settlement draft, to clear any given bank depends upon various factors including the location of the account the check or draft is drawn upon. Also, the attorney may be responsible for the payment of other bills (medical experts, medical records, deposition costs, and so forth), which might take a modest amount of time to complete. But, having said all of this, it is clear that the attorney should not delay for any lengthy period of time. The Rules of Ethics require the attorney to handle this money through his or her trust account, and that account may be reviewed by the authorities in the event of any wrongdoing. An attorney who mishandles the trust account and his or her client's money may be subject to discipline by the Supreme Court of Missouri and may even be disbarred in certain cases. I do not believe many attorneys would risk losing their license to practice law in order to keep your money from you, and I am confident that your attorney will make that final distribution to you within a reasonable time (usually within a few days). If so, then you really do not have much to complain about. If not, then you should write your attorney advising him or her that you will report this matter to the Chief Disciplinary Counsel of the Missouri Bar unless everything is straightened out promptly. Please give your attorney the benefit of the doubt and allow him or her a reasonable amount of time to complete the task. I wish you the very best of luck.

Re: what is the legal time frame a lawyer's client must wait for a check that ha

Unfortunately, we are slaves to our banks in the legal profession. Any checks with client funds and lawyer fees, expenses, etc.- typically any settlement check- must pass through a lawyer's trust account before it can be disbursement can be made. From personal experience, I can tell you that my (ex) bank held funds for as long as 12 business days after I deposited a check. The usual hold time is 5-7 days on most banks, unless the lawyer has a special deal worked out, and few do. Therefore, there is nothing a lawyer can do until the funds are released, and the lawyer is not in control.

The main complaint folks have with attorneys is the lack of communication, and our profession should do a better job with this. You mention Texas law, and if the lawyer is handling workers' compensation in the Texas, he is definitely working hard! Keep calling him, and hopefully you will get a quick resolution, or at least an answer.