I haven't seen the check How would I Know that it was the amount they sued for or settled for he sent me some papers saying that I should sign the forms so he can cash the check and send the amount thats left
2006-07-06 17:24:18 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's very common for a settlement check to be made payable to both the lawyer and client. That way it ensures that the lawyer gets paid for his work before turning the money over to you. Your fee arrangement should already be in writing so you know how much you're going to have to pay him--typically 1/3 plus costs. You should know how much you settled for--you had to authorize the settlement for it to take place--so that part I don't get at all. Ask your lawyer to send you the final "disbursement schedule" which shows you the total settlement proceeds and all distributions if you're concerned.
I have never saw so many misinformed people respond to the questions of others. Some of these people must just love to see themselves post on the net. Many of the answers you were given here are just plain uninformed.
2006-07-06 20:31:11 · answer #1 · answered by brian_hahn_32 3 · 0⤊ 0⤋
-Settlement Amount
As far as your settlement, a lawyer cannot OK a settlement without asking your approval first. You will receive the amount that you approved. (Hopefully your lawyer made it clear.)
The check would be going into a trust account for client funds. A lawyer is NOT allowed to just pocket the check or put it in his account. That would be commingling of the funds, which is inappropriate.
The fee agreement arranged between you and your lawyer will determine how much he receives. Be sure to note which sum the "expenses" come from (pre- or post- gross).
2006-07-07 18:36:27 · answer #2 · answered by pink_panther 1 · 0⤊ 0⤋
I agree with Brian. There's nothing abnormal about this. Actually what some of the posters suggest would be a breach of contract with the lawyer! Think how much of that check/your home will belong to the lawyer once you do that! Most issue the check to the lawyer and client. The client signs, and then the lawyer signs and deposits it. The remaining amount after the legal bill is then issued to the client.
2006-07-06 20:42:43 · answer #3 · answered by caffeyw 5 · 0⤊ 0⤋
I don't know anything about lawyers and the methods to go through to get a settlement but, if you ask me, a lawyer asking you to endorse the check over to him sounds very fishy. Why not take the check, deposit it into your account, then cut the lawyer a check for what you owe him?
2006-07-06 17:29:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Raise you concern with the lawyer. Ask for the missing information. Preferrably in writing just to make sure the amounts add up to what was expected. Otherwise, no deal.
2006-07-06 17:31:20 · answer #5 · answered by buzzman_hst 2 · 0⤊ 0⤋
Get another lawyer, paid at a flat rate, specializing in contract law and have him read you contracts with your lawyer. Then take their advise.
Don't go blindly up against a lawyer. It is not healthy. They went to school with other lawyers, some better than them!
Have you contracts read and then take the advise of your new lawyers. If unsatisfied, get a second opionion. Then take their advise!
2006-07-06 17:34:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Don't sign a thing. Get the check; cash it yourself; send him his just desserts AFTER he has submitted a bill to you--and after youhave the local Bar Association check it out for validity.
If he won't coop;erate, go to another lawyer, and get him to get the company to issue another check to you (voiding the first), and THEN pay him out of the proceeds.
2006-07-06 17:33:51 · answer #7 · answered by C B 2 · 0⤊ 0⤋
That's right but you will get to see the check to endorse it.
2006-07-06 17:27:52 · answer #8 · answered by Not Tellin 4 · 0⤊ 0⤋
Nope... don't do that!
Ask the attorney for a complete accounting of what is coming in and how much he gets.
He is trying to ensure you don't spend it all and he gets his money and maybe more.
2006-07-06 17:28:41 · answer #9 · answered by Anonymous · 0⤊ 0⤋
That check is made out to you, it is yours, he cannot hold it
2006-07-06 17:36:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋