Q: Can I cash a settlement check while having an open case against my attorney without accepting the amount as final pay?
I currently have a case open against my attorney with the State Bar for a mathematical error on his part while distributing my settlement payment. He miscalculated the payments out to medical and myself and changed my payment amount last minute while cutting the checks after he signed off on the final amounts. The open Bar case is to resolve whether he must pay the difference out of his portions of the settlement due to this error on his part. He sent me a payment for the incorrect amount that he believes I am owed. He made a note on the memo of the check “full and final payment”. If I cash this does it mean I accept that amount as final and the case with the Bar would be cancelled? The attorney did send a letter with the check stating he is holding the remaining amount on question in a Trust fund until resolution has been reached.
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