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 answer will depend in part on what was done with the proceeds and if they were put in an IOLTA account. It isn't inappropriate for you to insist that both your name as well as your attorney's name be placed on all of the various settlement checks received from the different parties. These checks will then need to be cleared through your attorney's trust account.You also should get a closing statement from your attorney which details the payment of his fees, your costs, as well as any lien payments.
It will be a matter of subjective determination, based on all of the facts and circumstances involved, whether it was improper to refuse to provide a written fee agreement. In most other cases involving more than $1,000 of total expenses to the client, a written agreement is also required, although there are exceptions, such as agreements for services rendered in an emergency.
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.
