Q: ERISA: What date is considered the actual termination date? Date of notifying the lawyer or date of actual miss conduct
Attorney gave me an opt out to terminate the contract , chose it & dismissed him, received threathen mail that I can't dismiss/terminate as long as disabled. This got me search, found missinformed mediation output denial after24 month, he made a settlement, dismissed the case without my consent to extend his contract to stay on monthly check from insurance co after settlement. He still asks the insurance co to send him the payment and send me checks with reduction. Not cashing informed I dispute. Told insurance to send me the checks or freeze it, they refuse until they receive a note from him to stop sending checks or court order. He has no lien for unpayment if any. Adding he refuse to send document to support his billing, settlment, mediation why he dismissed case with no POA, relies i attended mediation remotely in isolation what to do? what is the actual termination date, the one I formely terminated or the date it should- case dismissal-or date of discovery of his missconduct
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A:
In ERISA cases, the termination date typically corresponds to when you formally notified your attorney of dismissal, not the date of discovering misconduct. However, your situation involves several concerning elements that may affect this standard interpretation.
The fact that your attorney dismissed the case without your consent and made settlement decisions without proper authorization raises serious ethical concerns. This type of behavior could potentially invalidate the attorney's actions after your formal dismissal notice, and you might be able to argue that your initial termination date stands, regardless of subsequent events.
Given the complexity of your situation, you should consider filing a complaint with the California State Bar regarding the unauthorized dismissal and settlement of your case. You might also want to seek immediate legal counsel to help freeze the ongoing payments and potentially challenge the settlement agreement. Consider requesting a court order to redirect the insurance payments to you directly, as this may be faster than waiting for your former attorney's cooperation. You can also file a motion with the court to review the circumstances of the case dismissal, which could help establish the proper termination date and address the unauthorized actions taken on your behalf.
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