New York, NY asked in Personal Injury and Legal Malpractice for Michigan

Q: Did my lawyer keep some of my settlement money from a severe personal injury claim ? He was not transparent with me...

The lawyer was expecting me to just trust him when he told me the settlement amount. I asked for documents/proof along the way and he ignored me, but pressured me to settle earlier than he had priorly recommended. When I asked about his prior recommendation to wait a longer period, he denied he had ever made that statement. Once I decided to settle, he issued his own check to me for the amount. I asked to see the original check from the insurance company. He sent a scan that I am wondering is fake. There were 2 checks with 2 different claim #s. Why 2 different claim #s? Both were written to me and him. One was supposedly for his contingency fee, the other was for me. How could he cash them without my signature included? Why did he write me his own check rather than give me the "original"?Possibly was there more insurance money for me that was hidden? Could he have an inside deal with the insurance adjuster? How could I find out? What do I do if this is sounding very suspicious?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: The settlement checks are generally deposited in the attorney’s attorney-client trust account. The client is then given a check from the trust account. If the check was not from the trust account, it would be suspicious.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: As my colleague states, it is normal for attorneys to issue clients their award checks from their trust accounts. You could ask the carrier to provide you with copies of the checks if you have concerns. Good luck

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