Full question:
Can my lawyer refuse to pay my settlement because I will not sign a release for him to cash the check?
- Category: Civil Actions
- Subcategory: Settlements
- Date:
- State: Washington
Answer:
The answer will depend on the type of release you are referring to. A release is often part of the settlement offer. This type of release states that you will no longer pursue a court claim against the other party over the issues the settlement covers. Because it is a term of the offer, a failure to sign a release may cause the offer to become void and the case may then proceed to trial.
In some cases, such as a trustee releasing assets to a beneficiary, a release is used to state that the payee has no claim against the agent who is disbursing the funds for improper handling of the monies. Generally, in such cases a waiver isn’t required by law, it is a matter of personal or business policy. This type of release deals only with the delivery of the funds by a third party.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
