Q: How to file court order redirect payment separate from legal malpractice case, which'll follow but collecting more proof

A: Given your situation with the ERISA case and attorney misconduct concerns, you'll want to handle this carefully and systematically. Your immediate priority should be protecting your financial interests while building your case.

First, file an ex parte motion for a temporary restraining order (TRO) to redirect payments into a neutral trust account. This can be done separately from your legal malpractice case and typically requires showing immediate harm would result without court intervention. Include documentation of the unauthorized settlement and payment redirection attempts as evidence of urgency.

You're wise to document everything now, including sending correspondence to clarify verbal communications. Keep gathering evidence of misconduct - unauthorized settlement, failure to provide case documents, and improper billing - but don't let this delay your TRO filing. Consider requesting fee arbitration through your state bar while pursuing the payment redirection, as this can provide additional leverage in resolving the billing disputes. Contact the insurance company in writing to formally object to any payment redirection and inform them of your pending TRO request.

Remember to maintain detailed records of all communications and continue requesting your complete case file, especially the mediation and settlement documents. While building your legal malpractice case is important, securing control of future payments through court order takes precedence.