Q: My car accident case was closed a year ago. Lawyers office recieved the check, I still haven't received anything.
Can the check be cash without me knowing?
Last June I managed to speak with someone, I was told they were still making calculations.
A:
This is something that needs to be handled immediately. First, you must write the attorney and ask for an accounting of the proceeds from the settlement. Next, you must find the California Bar Association website and the Client Relations department to file a complaint with them. You need to provide them as much info as possible, if there was a court case, you need to provide all info, which court, case number, date filed. You need to provide all info about your attorney, name, address, phone, names of attorneys you dealt with, everything. And of course your own information. The Bar takes this kind of situation VERY seriously, an attorney can be disbarred from practice for misuse of client funds.
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A: No. Contact your lawyer. Covid has made distribution difficult. Best of luck.
A:
MORE INFO NEEDED
HAVE YOU TALKED TO LAWYER AND GIVEN PERMISSION TO SETTLE AND BEEN TOLD WHAT YOUR SHARE WOULD BE............NORMALLY A LAWYER TRIES TO DO A 3 WAY SPLIT (AT THE LEAST), THOUGH THAT CAN'T ALWAYS BE POSSIBLE.
IF YOUR LAWYER HAS REFUSED TO COMMUNICATE WITH YOU CONTACT THE CALIF BAR ASSOC FOR ASSISTANCE.
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A: Sounds like something you should take up with the State Bar of California.
A:
I want to supplement my answer because you got a response that said the attorney could not cash the check without your knowledge. THIS IS NOT EXACTLY CORRECT, AN ATTORNEY CAN DEPOSIT YOUR CHECK WITHOUT YOUR KNOWLEDGE. Many personal injury attorneys maintain an "Attorney's Trust Account" with a bank and have a strong relationship with the bank that results in the bank depositing the checks into the ATA without all the signatures, or just the attorney's signature. So it is possible for an attorney to settle your case and deposit the check without your knowing the check was deposited. The attorney can then distribute the funds from the trust account but THEY ARE SUPPOSED TO PROVIDE YOU ALL THE INFORMATION UP FRONT. And do this with your permission. This does not mean that there are some attorneys out there that don't follow the rules. This is why you need to contact the California Bar Association right away.
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