Q: How long must an attorney hold money in a trust brokerage account before they can just claim it them selfs
Have an issues with my recently hired then fired attorney who has been such a huge pain in my situation…. Well they have deemed them selfs as my voice when deciding to settle my case with out even as much as notifying me. So I filed a complaint against them with the state board. But now I’m not sure what I’m supposed to do from there. How long are they obligated to hold the money they have already received from my settlement. How long do I have to claim it until it’s no longer mine?
A:
In California, an attorney is required to hold client funds in a trust account and cannot claim these funds for personal use. The period for holding these funds is not fixed and depends on the agreement between you and your attorney, and the nature of the legal matter. Your attorney must promptly pay or deliver to you any funds that you are entitled to receive.
Since you've already filed a complaint with the state board, it's important to follow up on that complaint to ensure it is being addressed. The state bar association will investigate the matter and take appropriate action if your attorney has acted unethically or unlawfully.
In the meantime, you should directly communicate with your former attorney, in writing, requesting an accounting and immediate release of any funds rightfully belonging to you. If the attorney does not comply, this can further support your complaint to the state board.
It is also advisable to consult with another attorney for guidance on how to proceed, especially if the amount in dispute is significant or if your former attorney's actions have complicated your legal matters. A new attorney can assist you in understanding your rights and the best course of action to recover your funds and address any misconduct by your former attorney.
A: Funds in such accounts do not generally revert to attorneys. Good luck
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