Fort Lauderdale, FL asked in Civil Litigation and Probate for Florida

Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we are involved in is coming to court within weeks. How did 9 months go by and no call or anything. Do we have any recourse options that won't cost us money. It is a small amount coming to us.

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same question you've posted online?

(Don't answer my questions - they are rheotrical, meaning I don't want you to answer them)

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Not sure what your issue is - you said the firm "caught their mistake". The word "mistake" connotes accidentally overlooking it, and ""they caught it" connotes correction of the error. If that's not what you meant, then I suggest you re-post with your exact meaning. If that IS what you meant, and you mean they are paying you at this time, the only issue I see is whether you should get a little bit of interest on top of the sum due to you.

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Probate Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Surely you must know the court where the class actions were filed and litigated, and must also know the name of the lawyers who represented the class you were in; and if not, Google the name of the case and follow the Yellow Brick Road.

1 user found this answer helpful

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