Carol Ann Hunter PetersElder Law AttorneyPasadena, CA ·
Is the money with your OWN Attorney or the Opposing Attorney?
Here in California, your OWN Attorney would not be able to pay out from the funds on deposit in his or her CTA/Client Trust Account until the check clears AND all papers are signed AND filed with the Court AND entered on the Court's docket.
That is taking some time out here because the Court is understaffed and has more work to handle than it has staff to process it all. So out here, 12 days would not be unusual at all.
If you are talking about money from the Opposing Attorney, I have no comment, because it may be for the same reason OR it may be because that person really IS difficult to deal with.
I recognize that many people think Attorneys as a class are generally difficult to deal with. IMO that is because we have to go with known sets of rules, which those dealing with us may not know about, or may even misunderstand.
For example, if our Client tells us Story A (in confidence) and then for some reason of social self-defense reports to family, friends, neighbors, kith, kin, media Story G instead, we cannot reveal the Truth to family, friends, neighbors, kith, kin or media.
But it sure makes reading newspapers interesting!
If the money has cleared YOUR attorneys trust, the only good reason for you to be waiting is for him to pay any lienholders or negotiate any bills. Just be patient. Call your attorney and ask him.
James T Irvin JrCivil Rights AttorneyMyrtle Beach, SC ·
Most states ethical rules on trust accounts require a certain time period for the check to remain in the trust account. Note: After that time period, the attorney MUST pay the money to the rightfull parties as outlined on the dispersement sheet, which shows where the funds will go. During that time period, the attorney has NO excuse for not paying the client his money. You should abtain other legal assistance to collect your money, if not paid when demanded.