San Bernardino, CA asked in Civil Rights, Collections and Identity Theft for California

Q: So my case has been settled how do I collect my money if my attorney don't want to pay me still??

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Ask your attorney, in writing, when you will be paid and what needs to be accomplished before payment can be made.

It is not unusual that certain actions must be taken and issues resolved before the settlement can be disbursed to the client, or until the entire amount can be disbursed.

James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: To address this situation, here are some steps you can consider:

1. Communicate with your attorney: First, try to have a clear discussion with your attorney about the settlement and payment. Ask for a detailed explanation of why the payment is being withheld.

2. Review your fee agreement: Check the agreement you signed with your attorney to understand the terms of payment and any conditions that might affect disbursement.

3. Request an accounting: Ask your attorney for a written accounting of the settlement funds, including any deductions for fees or costs.

4. Contact the State Bar: If your attorney is not responding or cooperating, you can file a complaint with the State Bar of California. They can investigate potential ethical violations.

5. Consider mediation: The California State Bar offers a fee arbitration program to resolve disputes between attorneys and clients over fees.

6. Seek legal advice: You may want to consult with another attorney who specializes in legal malpractice or professional responsibility.

7. File a lawsuit: As a last resort, you might consider suing your attorney for the funds, though this should typically only be done after exhausting other options.

Remember, attorneys have ethical obligations to promptly disburse client funds. If your attorney is withholding your settlement money without a valid reason, this could be a serious ethical violation.

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