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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54805
Experience:  Licensed attorney helping individuals and businesses.
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My attorney does not want to put settlement funds into a

Customer Question

My attorney does not want to put settlement funds into a mutual account, while we resolve a fee dispute. This is his response, is this correct? I never said I wanted the checks in my name alone. Also, the checks were paid out under my tax ID # ***** if they
do not go· into my account they need to be redrawn and because of my lien on the settlement proceeds the checks cannot be redrawn under your name alone. Then we have a whole new set of lawsuits on who gets paid what like the (attorney name) interpleader suit.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.

where are the funds being held?

Expert:  Infolawyer replied 1 year ago.

Is the lawyer holding the funds in his escrow account?

Customer: replied 1 year ago.
I am holding the un cashed checks
Expert:  Infolawyer replied 1 year ago.

Normally when in dispute the funds would be held in escrow. That escrow can be you, the lawyer escrow, or a third party, or even the court. Once resolved, funds distributed. Mutual account is another option but not typically done since funds should be segregated and not used until issue is resolved by decision or settlement.

Expert:  Infolawyer replied 1 year ago.

Kindly let me know if that is clear and acceptable.

Customer: replied 1 year ago.
My attorney is refusing to put the funds in a 3rd party account, and I do not trust him. He has already taken funds designated for trial as fee's and did not tell me. He also informed me when I asked for a trust accounting, before I signed the checks "that he did not have a trust account". He is deliberately refusing to secure the money in a safe account. Is he violating any kind of law? He also had a refund check that was written in both our names changed into his name only without notifying me. I have asked him to use that money to contribute to arbitration, and he refuses.
Expert:  Infolawyer replied 1 year ago.

You could sue to have it placed in such an account. Practically, keep in mind if he takes funds wrongly, he could lose his law license, and will need to account for it and there will be a record, so you may not want to push the issue and focus on winning the overall dispute over rights to the funds, then turn to collecting it from him.

Expert:  Infolawyer replied 1 year ago.

Happy holidays! Kindly let me know if the answer is now acceptable.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.

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