Can An Attorney Enter Trouble When They Take A Present That Their Customer Didn't Decided On? May A Complaint Be Registered?

[victorio83]

I used an lawyer for my car crash predicament and I just identified out that he got funds check from your insurance coverage on six/21/07 and today is 10/22/07 The only actual goal that I found out about any of it is when I went on the internet to continue my insurance coverage and I check on the state position. Nonetheless The settlement papers weren't signed by me. I known as the insurance coverage provider to locate out why that they is just a check sent out for my state and they explained that the check was sent to my attorney. Nevertheless the check haven't been cashed but. My attorney have not explained anything about this check. The final time that I maintain in touch with him was 4 days ago and he told me he'd some money for me. I did not get what he saying since I did not such as the present and anything wasn't signed by me. May possibly I file a complaint against him? Can he enter problems on what he did?

[Hring]

It depnds on many factors. Initial, did you sign a written agreement with him?  If you did, the written agreement is what will govern your relationship.   Second, technically the case hasn't in fact settled but. So, I doubt that he in fact did anything wrong. His inaction may be grounds to be upset, but he did not in fact settle the case. You could be the victim of miscommunication and nothing at all a lot more sinister.   Why don't you set up an appointment to see him?  If you can't get a satisfactory answer, ask for your file back.       http://cyber.law.harvard.edu/blogs/gems/ethicalesq/HeavyHittersCover.JPG Sources: private opinion and cited above   Snow_Leopard's Suggestions The Law and Ethics of Lawyering, Fourth Edition(University Casebook Series) Amazon List Value: $123.00 Used from: $28.00 Snow_Leopard 75 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Paschal]

First, did you sign a written agreement with him?  If you did, the written agreement is what will govern your relationship.   Second, technically the case hasn't actually settled yet. So, I doubt that he actually did something wrong. His inaction may be grounds to be upset, but he didn't actually settle the case. You may be the victim of miscommunication and nothing more sinister.   Why don't you set up an appointment to see him?  If you can't get a satisfactory answer, ask for your file back.       http://cyber.law.harvard.edu/blogs/gems/ethicalesq/HeavyHittersCover.JPG

[Baylen]

I'm not a lawyer and don't want to be accused of passing out free legal information, but my understanding of it is that before a lawyer can accept an offer, it has to be discussed with the client. If I were you, I'd call the local office of the state bar association if there is one; if not, then check with either another lawyer or Legal Aid(at least that one would be free!). Good luck.

[Doctor]

You may want to contact your state bar association and let them know of your issue. They should be able to point you in the right direction. If the attorney acted in what is considered unethical business practices he/she may be warned and/or disbarred. Given that the attorney has yet to cash the check and told you that they had money for you may be their loop hole from your grievance. However, given that I am not an attorney(lol) you?ll want to check with your state bar association and possibly call other attorneys to get there take on the situation. For instance, ask them how they would have handled it if they were your attorney. Be mindful that they will be very diplomatic and politically correct in most cases, so read between the lines when necessary. Last, attempt not to be on the defense when talking to other attorneys and/or if you decide to file a grievance. JaWar

[Enlai]

I have heard several cases of insurance companies doing this in the past. They send out a cheque with a settlement offer to you or your lawyer hoping you will accept it. The draw is that if you sign the papers you have the money in your hand.If this is what was done then your lawyer hasn't done anything wrong, but should have contacted you far before now to advise you of it and see where you want to go from there.If your lawyer accepted an offer on your behalf without consulting you, then you should probably seek advice of another lawyer, or contact your state or province's bar association to see if he has violated their rules. The key here is not to jump to immediate conclusions. As long as you never gave your lawyer permission to agree to anything on your behalf then even if you fire him the insurance company will have to deal with your new lawyer and cancel the cheque.

[Llacheu]

Listen to what your lawyer has to say first I have heard several cases of insurance companies doing this in the past. They send out a cheque with a settlement offer to you or your lawyer hoping you will accept it. The draw is that if you sign the papers you have the money in your hand.If this is what was done then your lawyer hasn't done anything wrong, but should have contacted you far before now to advise you of it and see where you want to go from there.If your lawyer accepted an offer on your behalf without consulting you, then you should probably seek advice of another lawyer, or contact your state or province's bar association to see if he has violated their rules. The key here is not to jump to immediate conclusions. As long as you never gave your lawyer permission to agree to anything on your behalf then even if you fire him the insurance company will have to deal with your new lawyer and cancel the cheque. Sources: My opinion scanlanr 75 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Lucky]

OldHippieHatesNewAV said: 1 I'm not a lawyer and don't want to be accused of passing out free legal information, but my understanding of it is that before a lawyer can accept an offer, it has to be discussed with the client. If I were you, I'd call the local office of the state bar association if there is one; if not, then check with either another lawyer or Legal Aid(at least that one would be free!). Good luck. 75 months ago

[Wolf]

Contact your state bar association. You may want to contact your state bar association and let them know of your issue. They should be able to point you in the right direction. If the attorney acted in what is considered unethical business practices he/she may be warned and/or disbarred. Given that the attorney has yet to cash the check and told you that they had money for you may be their loop hole from your grievance. However, given that I am not an attorney(lol) you?ll want to check with your state bar association and possibly call other attorneys to get there take on the situation. For instance, ask them how they would have handled it if they were your attorney. Be mindful that they will be very diplomatic and politically correct in most cases, so read between the lines when necessary. Last, attempt not to be on the defense when talking to other attorneys and/or if you decide to file a grievance. JaWar jawar 75 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.