She is in the middle of one of those dragged out divorces. She is appealing a judgement but in the time being her ex is suppossed to pay her $100,000.00. She is appealing seeking more and also a property. But the attorney recieved a check from the ex for $50,000.00 and they say the check was written to her and the firm. Although she is #37,000.00 in debt with them now, she says that is her business and is concerned the firm will cash the check, take what is due them and give her the rest. She does not want that money spent since she plans on appealing the decision. The question is, Can an attorney due money take what is due them when receiving a check on behalf of their client or must they give the entire amount to their client with the issue of what is due them being completely seperate? She is dependant on this outcome as she was a housewife and the ex earned all the money and hid it in real estate. Thankyou for all the help you can give.
2006-08-05 08:51:43 · 8 answers · asked by Mom of 7 gramma of 3 3 in Family & Relationships ➔ Marriage & Divorce
Just an additional note.
Cashing the check now does not indicate that she is willing to settle for that amount. There has been a $100,000 judgement ordered and the other party needs to pay that amount. Since ther has been an order, any portion of the $100,000 that is not paid immediately will be collecting interest at a fairly high rate. The Appeal court will not take whether or not the check has been cashed into consideration. They will simply look at the amount that the lower court ordered and see if it is a correct judgement.
There is of course 1 risk. If the appeal court lowers (or eliminates the judgement), which is unlikely in most divorce settlement, you would have to pay back the difference.
For example:
You cash $50,000 check. Appeal court says you should only get $30,000. You would have to pay back the $20,000 difference. But like I said, this is unlikely in a divorce settlement.
2006-08-05 09:23:31 · answer #1 · answered by BigBrother 2 · 7⤊ 3⤋
If he is a good attorney then he knows by cashing that check would mean that you are willing to settle for that and also your attorney can`t cash something made out to you. If you plan on appealing the judgement that has been made already then do not cash that check. If you do that is saying that your settling for that amount and you will play hell getting anything else. It`s a lawyer trick they try to use on people and some people are hard up enough to take it. Use your best judgement here but I would not cash that check until everything is said and done. Your attorney acts on your behalf so he /she can not cash that check without your signature on it. He works for you not you for him treat him or her as if they were an employee nothing more. There all ful of sh t anyway. Car salesman ,attorneys all the same!!! Also an attorney gets paid after his/her job is done. If need to be if you can give them something to show good faith but when the job is done then they get there payment then. Good Luck!!!
2006-08-05 16:12:12 · answer #2 · answered by bren_jim 5 · 0⤊ 0⤋
Generally speaking, when you make a contract with an attorney, it authorizes them to act as your agent, to collect sums owed to you and to pay themselves from those sums for any disbursements (ie filing fees, phone, photocopying, private detectives etc.) and any agreed amounts for their representing you, either an hourly ammount, a flat rate or a percentage rate.
I would check the agreement she signed with the law firm, but i'd bet this is the case. As to her funding the appeal from this money, they might not want to represent her in that action, or she might want to use a different lawyer. Why should they not be paid immediately for the work they have done, even if she is not completely satisfied with the outcome?
Also, what if her appeal fails? Are they screwed if she has spent the money on another lawyer? You would still have to pay the doctors & the hospital even if the patient dies, right? Same deal :)
2006-08-05 16:15:48 · answer #3 · answered by chris_shaver 3 · 0⤊ 0⤋
Tell you sister, to ask the firm to see the check and for a photo copy of the check. They can not cash the check, it must be put into an escrow account until the divorce is final. The Attorney Firm didn't finish their job, and that was to get $100,000, that was the judgment. Also, most lawyers should have a set fee, plus expenses...ask for a detailed statement listing everything they have done....papers file, court fees, phone calls...etc etc.
Also, what State, does your sister live in? That could make a big difference in the settlement too. Good Luck to your sister.
2006-08-05 16:15:24 · answer #4 · answered by Mama Mia 7 · 0⤊ 0⤋
It all depends on what kind of agreement she signed with the attorney at the beginning of the divorce. Most attorneys make sure they get their cash as soon as you get yours.
2006-08-05 15:57:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It depends on what her agreement was with the attorney. Its only dragged out because she keeps dragging it, move on already.
2006-08-05 16:12:44 · answer #6 · answered by dappersmom 6 · 0⤊ 0⤋
Well, l think you just answered your own question, if she owe's the 37,000 to the firm,and its made out to them and her, they can take it to a judge to order there fee be paided.remember, judges were lawyers so,who's side do you think they will choose.
2006-08-05 16:03:43 · answer #7 · answered by Cobra 5 · 0⤊ 0⤋
well with my lawyer I got my money first, then he was paid later. So I feel thats the way it should really work.
2006-08-05 16:01:57 · answer #8 · answered by Jas 6 · 0⤊ 0⤋