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Will owing my previous lawyer hold the process up from me getting my personal injury settlement check
Anonymous7 views4 answers
I decided to leave my old lawyer and since then my new lawyer has settled the case my paralegal said they have the check but their going back in forth with my old lawyer on what he is entitled to. My old lawyer did very little on my case and he feels that he is entitled to more then what he deserves my paralegal stated that they have went to the bar association on two cases about this particular lawyer. I'm not implying that my lawyer doesn't deserve anything but what he is asking for is more then what he really deserves and my paralegal also said that my old lawyer can not show enough proof that he has done anything on my case my question is will this hold me up from getting my settlement money and what will eventually happen
Unfortunately, this will likely delay, and probably already has, the disbursement of settlement proceeds. Your new lawyer is going to want to make sure that he extinguishes the lien claim of the old lawyer before distributing proceeds. Additionally, both the old lawyer and the new lawyer are probably listed as payees on the settlement check, making it impossible to properly negotiate the check without the old lawyer endorsing the check. The old lawyer is only going to endorse the check if he has an agreement with the new lawyer as to what his share of the fee is going to be. What will ultimately happen may turn upon the language of the attorney-client contract you entered into with your old lawyer, assuming that you signed one. If your old lawyer and new lawyer cant reach an agreement on the fee split, the court may need to get involved. See, for example, Lofton v. Fairmont Specialty Insurance Managers, Inc., 367 S.W.3d 593 (Ky. 2012).
. David Rosenthal EsquireCar / Auto Accident LawyerRoseville, CA ·
In my experience, if this is a contingency fee arrangement, the former attorney's fee would need to come out of the new attorney's contingency fee. There may be a dispute as to how much the former lawyer is entitled to, but that has to be worked out between he/she and the new lawyer. It shouldn't affect the settlment funds that are going to you or any other lien holders. I would talk to your attorney about the situation and what to expect.
Good luck.
What should happen is that attorneys agree to give you your money and than escrow the attorney fees pending resolution by the Court. Their dispute should not delay your receipt of the money. Your attorney can bring a motion for distribution of your share and the costs and escrow of the attorney fee pending resolution by the Court. This way your money is not held up pending their dispute. Good luck.
I hate to hear about situations like this. It really should not hold up your getting your share of the settlement proceeds. However, your former attorney may be listed as a payee on the settlement check. If so, his signature is required before the check can be placed in the trust account and the disbursements made. If he cannot prove the work he performed on your case then a bar complaint may be necessary.
