by Guest » Thu Jun 17, 2010 04:16 pm
post settlement-no check yet, lawyer not giving det on expenses or calculations
Hello, I am in NY, and 120 days ago, my injury case was settled in court for 60k.
1) I have not recd my portion of the settlement yet. My lawyer recd the check last week and is saying that he put the check into escrow 2 days ago. -Even though I feel 120 days is a long time to recv a check, whatever, nothing I can do right?
2) So my lawyer gets 30% and any expenses incurred in the case, however, upon asking his asst on the phone for details on the check he is cutting to me (a check that his assistant just told me he was putting in the mail) from the 60k check they recd, he gave me a number i cannot tie back to. I asked him to speak with the actual lawyer that took my case and when I asked him further details about the check and expenses, he quoted 4200 in expenses, but sees that i get 36,300. I thought I should get 39k. He says he is taking the 4200 off the top and getting the 30% off of the 55k leftover. Wouldn't that leave me with 39k+?
3)when I asked him to give me details on the expenses, he began to read off some expenses. One of these I flagged as incorrect as he said there was a doctor that made a statement about my case -however this doctor had nothing to do with my case, and I never saw him, or knew anything about his statement being entered into my case, and believe me i read all of the docs relating to it. my lawyer became nervous and vague and said he would check into it.
4) when i asked him to send me a detailed and supported breadkown of the calcs and expenses once he looked into the issue above, he continued to be vague and would not agree to send me this. He then turned around and said that he still hadn't charged me for another lawyer's fee, however, up until now, they told me that the 4200 in expenses was final and that the check was being put in the mail. The only other thing he should be looking into is expenses I am already being charged for.
I got very suspicious and demanded from him a breakdown and said that I was entitled to it. He still has not sent me the breakdown and when I call his office his assistant merely says that they are sending me the check but no nothing of a breadkown and will not tell me the amount. Even if the difference is $1000, $500 what ever it is, it is not pennies to me and I feel I am entitled to a detailed breakdown and should be able to have a transparent transaction.
My questions are:
1)what are the correct calcs given these numbers?
2)am I protected by any law that can prevent my lawyer from inflating his retained expenses? What if he sends me the check and it is even less than this with no breakdown?
Signed- Don't know what to do and no matter what, I am still hurt and that can never change.
Hello, I am in NY, and 120 days ago, my injury case was settled in court for 60k.
1) I have not recd my portion of the settlement yet. My lawyer recd the check last week and is saying that he put the check into escrow 2 days ago. -Even though I feel 120 days is a long time to recv a check, whatever, nothing I can do right?
2) So my lawyer gets 30% and any expenses incurred in the case, however, upon asking his asst on the phone for details on the check he is cutting to me (a check that his assistant just told me he was putting in the mail) from the 60k check they recd, he gave me a number i cannot tie back to. I asked him to speak with the actual lawyer that took my case and when I asked him further details about the check and expenses, he quoted 4200 in expenses, but sees that i get 36,300. I thought I should get 39k. He says he is taking the 4200 off the top and getting the 30% off of the 55k leftover. Wouldn't that leave me with 39k+?
3)when I asked him to give me details on the expenses, he began to read off some expenses. One of these I flagged as incorrect as he said there was a doctor that made a statement about my case -however this doctor had nothing to do with my case, and I never saw him, or knew anything about his statement being entered into my case, and believe me i read all of the docs relating to it. my lawyer became nervous and vague and said he would check into it.
4) when i asked him to send me a detailed and supported breadkown of the calcs and expenses once he looked into the issue above, he continued to be vague and would not agree to send me this. He then turned around and said that he still hadn't charged me for another lawyer's fee, however, up until now, they told me that the 4200 in expenses was final and that the check was being put in the mail. The only other thing he should be looking into is expenses I am already being charged for.
I got very suspicious and demanded from him a breakdown and said that I was entitled to it. He still has not sent me the breakdown and when I call his office his assistant merely says that they are sending me the check but no nothing of a breadkown and will not tell me the amount. Even if the difference is $1000, $500 what ever it is, it is not pennies to me and I feel I am entitled to a detailed breakdown and should be able to have a transparent transaction.
My questions are:
1)what are the correct calcs given these numbers?
2)am I protected by any law that can prevent my lawyer from inflating his retained expenses? What if he sends me the check and it is even less than this with no breakdown?
Signed- Don't know what to do and no matter what, I am still hurt and that can never change.
Posted: Thu Jun 17, 2010 06:07 pm Post Subject:
I would DEMAND an explanation of the charges and investigate each thoroughly. Don't cash the check when you get it. If he refuses to work with you, you can always call the BAR for assistance.
Posted: Fri Jun 18, 2010 12:28 pm Post Subject:
4) when i asked him to send me a detailed and supported breadkown of the calcs and expenses once he looked into the issue above, he continued to be vague and would not agree to send me this. He then turned around and said that he still hadn't charged me for another lawyer's fee, however, up until now, they told me that the 4200 in expenses was final and that the check was being put in the mail. The only other thing he should be looking into is expenses I am already being charged for.
SHADY. :x He should've offered, in fact sent this to you monthly WITHOUT you having to ask..PERIOD..I got very suspicious and demanded from him a breakdown and said that I was entitled to it. He still has not sent me the breakdown and when I call his office his assistant merely says that they are sending me the check but no nothing of a breadkown and will not tell me the amount. Even if the difference is $1000, $500 what ever it is, it is not pennies to me and I feel I am entitled to a detailed breakdown and should be able to have a transparent transaction.
Do NOT cash the check you get from him WITHOUT first reviewing all of the expenses and charges he is alleging...My questions are:
The contract you signed with this attorney should lay out EXACTLY how the calculations are done.1)what are the correct calcs given these numbers?
2)am I protected by any law that can prevent my lawyer from inflating his retained expenses? What if he sends me the check and it is even less than this with no breakdown?
DON'T cash that check without the itemized expense statement..and if you have a disagreement regarding these expenses get this straightened out AND IN WRITING FIRST!Don't know what to do and no matter what, I am still hurt and that can never change.
_________________
Yeah, I get that but you don't need to get screwed by your own atty either.
I would give him 'x' amount of days (no more than seven) to send me an itemized statement of his charges and expenses and the break down of payments...if he doesn't do this, I'd let him know (in a phone call then follow up in writing) that my next course of action will be to file a complaint with your states bar association and do it! This should make him move.
There is NO excuse for this, as I said he should've been sending you monthly statements anyway...
What state are you in? Were there any medical leins that have to come out of this?
p.s. what a jerk this guy is! :roll:
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