Full question:
My lawyer tried to get the escrow company to put his name as an additional payee on my settlement check. They refused. He had not talked to me about it, and we had no prior agreement to do this. He had not given me a written fee agreement. He had said he would give me a good deal, and I was like family. Would his attempt to add his name be considered unethical for a lawyer, and possibly an attempt at fraud, and what can I do about it?
- Category: Courts
- Subcategory: Attorneys
- Date:
- State: California
Answer:
The situation depends on how the settlement proceeds were handled and whether they were placed in an IOLTA account. It's generally acceptable for you to request that both your name and your attorney's name be on all settlement checks. These checks should be processed through your attorney's trust account. Additionally, you should receive a closing statement from your attorney detailing their fees, your costs, and any lien payments.
Whether it was improper for your attorney to not provide a written fee agreement is subjective and depends on the circumstances. In most cases involving over one thousand dollars in expenses, a written agreement is required, though there are exceptions for emergency services.
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.