Legal Question in Personal Injury in Washington
final settlement
Why does the settlement check have to go to my attorney and be placed into an client trust acct? Is it because the attorney needs to have control of moneys?
Isn't it my right to ask my attorney for a list of cost and proceeds before the check is depostied into a trust acct and before I sign the settlement papers?
1 Answer from Attorneys
Re: final settlement
All settlement checks received by an attorney must be deposited and held in a separate "trust" account because the rules of ethics that attorneys must abide by require this. One of the chief causes of disbarrment of attorneys is "co-mingling of funds"--that is, mixing their clients' money with their own money. However, this does not mean that the attorney is allowed to KEEP the money in a trust account for an unreasonable period of time. And the client is ALWAYS entitled to a settlement statement that includes a full accounting of exactly how much has been received, what the attorney's fees and other expenses total, and the amount the client will net after attorney's fees and other expenses are deducted.