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Question: Personal Injury - New York

Asked on 11/6/2009

My attorney has not informed me of terms of settlement or even time period for payment - malpractice?

In fact, the papers I signed only state total amount, not my share or attorney's. I have doubts of getting paid in reasonable time: 30 days. What recourse do I have in case of filing complaint against this lawyer. I don't even have copies of materials signed over 4 years ago. This is my first time dealing with a lawyer. Papers signed a month ago doesn't even show how monies divided or when my share will be given to me. I was told 1/3 but have nothing on paper. Very disconcerting when I asked how long before I get paid and told they don't know.


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Answers (1):

S.L,. Member in Good Standing of the California Ba


The attorney is required to have the client's authorization to accept a settlement.  An attorney who settles a case without the client's authorization may be subject to a malpractice claim.  You also have the right to request an accounting from the attorney showing a breakdown of the settlement, with the amount you are to receive, the amount the attorney receives, the amount(s) paid to others, expenses, etc.  As for the documents you signed four years ago, you have the right to request that the attorney provide copies of those documents and/or any other documents in your file.  There may be a copying charge.  As for the attorney not knowing how long until you receive payment, the attorney should contact the opposing counsel and find out what is causing the delay in payment and the approximate amount of time until payment occurs.

Prior to filing a lawsuit for malpractice against the attorney, you should contact the State Bar.  Sometimes a call from the State Bar will prompt an attorney to act and hopefully provide you with the information to which you are entitled.



  • Answered on 11/6/2009
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