I had an accident in 2010 which left me disabled. Settlement was paid to my lawyer in October of 2013. He informed me of THE amount and it was going to take about five months before I would get paid. He even allowed me to take a pre-settlement loan in November '13, due to holidays. He already had my money in his personal account. He is under investigation by The Disciplinary Committee and been suspended. But i want my money now. I believe I waited enough Have suffered. I need someone to help get my money. Please. Thank you, M.
Your post does not state whether the attorney is being investigated because you reported him to the Disciplinary Committee. If you did not initiate the complaint, make sure you do so right away. You want to ensure that the Disciplinary Committee is aware that the attorney is wrongfully withholding your settlement money. Also, you should seek reimbursement for the interest you will have to pay the pre-settlement loan company since you would not have had to borrow the money had the attorney timely released your settlement funds. Good luck and I'm sorry to hear about your experience.
Something is very wrong here. It is definitely an ethical violation (and probably a crime) for him to directly deposit your share into a personal account or even remove your share from his escrow account. The problem may be that he no longer has the money and therefore is unable to pay you. This may also be a crime and should be reported to the Suffolk County District Attorney's office. You can try contacting the disciplinary committee to see what option you have at this point.
I was going to tell you to report this to the Grievance Committee, but it looks like you have already done so. Or, if it was someone else who reported him, make sure you have filed a complaint also. You could apply to The Lawyer's Fund For Client Protection. I can't guarantee they will solve the problem, but it's free to apply and they will take the matter seriously.
you should consult with another local attorney as soon as possible who will advise you of your rights to obtain a restaining court order directing the attorney to account for and deliver your settlement
proceeds
there may be a basis to pursue a criminal complaint as well
I am very sorry you have had this experience. I concur with every other attorney's response here. File a grievance complaint against this attorney, if you have not done so already. If true, the fact that the attorney transferred the funds from the IOLA trust account to the personal account is a big no-no. The Grievance Committee will get to the bottom of this and require an audit from the attorney.
If it is found the attorney took the money for personal reasons, seek restitution from the fund of client protection. Unfortunately, the grievance committee will not be able to reimburse you for this.
I sincerely hope you will be able to get your money, and I also hope, for the attorney's sake, he did not steal the money.
