i went through an accident at age 15. because i was underage my mother was placed on the case being my rep. at age 18, my mother lost power of attourney to my case, because i was then of legal consent. when my lawer did the pay out, when i was 18, he maild the check to me in my name, but because of confusion with address, he then canceled the payment, and with my mother and as greety as she was harrased my lawyer into depositing the sum of money into her savings account by phone without my consent, or signing power of attourney. she then spent all the money without my consent as well. my question is... can he do that legaly? by law can i get my money back? do i sue him? or should he already know that he was wrong and just take care of it? how do i approach him.i want to keep the upper hand in this matter.
2006-08-31 06:47:45 · 23 answers · asked by thebestintraining 2 in Politics & Government ➔ Law & Ethics
Complain to the State Bar that your lawyer failed to pay you. The fact that he paid someone else without your consent does not relieve him from liability to you.
He can ignore you, but he can't ignore the Bar -- they would suspend his license.
2006-08-31 06:52:39 · answer #1 · answered by Anonymous · 5⤊ 0⤋
Sounds to me that there are 2 people at fault.
1. Your mother for accepting payment and spending it when it wasn't hers.
2. The lawyer for giving it to her.
So I would get you another lawyer and sue both of them. It seems cut and dry to me, but I'm no expert. If your orginal case was a lawsuit (and not settled out of court), I would think that you would also need to tell the courts that you never got paid for the accident. You could talk to a court clerk as to what recourse you have. But because the money was given out, and misspent, then you will need to go to that person to get your money back. But always do everything in writing and through a lawyer.
2006-08-31 07:36:13 · answer #2 · answered by ht_butterfly27 4 · 1⤊ 0⤋
It is questionable about what will happen. Because you were underage when it happened it is likely that the money would stay with your mom to cover bills incurred when you wher under 18.
By the way, you don't have the upper hand. You should instead be thinking about how hard it is to raise kids as a single mom.
And all the sacrafices she made along the way.
Do you still live at home with her? you really need to get over it.
2006-09-06 05:49:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You should of been appointed a State trustee,not a Lawyer.Your Lawyer may have the right,because he is the appointed attorney and I'm sure he found away around it.But your Mother was your Legal Guardian,until eighteen.Is she touching any of the money?Did you sign anything without reading it?Is she claiming any out of pocket expenses.You need to read what was written in the agreement and make sure no added clauses were added.Do you have any copies?
2006-09-08 06:14:54 · answer #4 · answered by Rather be dead than red... 6 · 0⤊ 0⤋
1. report the lawyer to the state bar association.
2. If you can afford get another lawyer.
3. write a letter to you lawyer, copy to the bar association yet to make payment to you.
4. Your mother does not really come into this except that she need to return the money to the lawyer.
Be strong a resolute....but get what is yours!
2006-09-08 03:33:45 · answer #5 · answered by insane2mad 3 · 0⤊ 0⤋
lets assume your mother got the money and you were supposed to get it...your mother owes it. you could and should take both your mother and the lawyer to court. my guess is that you will win with a judgment against both and you can collect from either on. but the lawyer ultimately does not have to pay twice. so if you collect from the lawyer the lawyer can sue your mother to get the first settlement back. if your mother has assets sue your mother.
2006-09-01 05:32:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Prepaid Legal provides access to the legal system for a small monthly fee. One of their services is unlimited consultation and it appears that you could use that right away. It would cost lots of money to pursue any legal action against your mother or your former attorney. Something sounds really fishy here on their part. Get legal advice immediately and make it affordable.
For more information:
http://www.prepaidlegal.com/hub/millionairehoy
2006-08-31 08:13:27 · answer #7 · answered by Millionaire Hoy 2 · 0⤊ 0⤋
If the check was made out in your name and she cashed it or put it in her account without you signing it over.....I would think she broke the law. You might want to talk to the bank where it was deposited and see if they can fix the problem and if not you will need to talk to an attorney.
2006-08-31 06:55:09 · answer #8 · answered by Patty D 3 · 0⤊ 0⤋
...don't leave home that way..sometimes if you leave home due to conflict you can never come back!...your mom is the only person you donot want to do this to...
....if you have concerns regarding your mother, talk to her as you have know idea what kind of money she may have had to spend towards this case and if any money is really even owed you.
...worst scenario, your mother is a thief,,,, if you are willing to lose her permanently then per sue, if not chock it up to a life lesson...
2006-09-06 15:12:22 · answer #9 · answered by Rada S 5 · 0⤊ 0⤋
Laws vary from state to state. You will most likely have to take your mother and the law firm to Civil Court. Good luck.
2006-08-31 06:51:43 · answer #10 · answered by jezz 2 · 0⤊ 0⤋