We sold some property for a good chunk of change nearly 3 weeks ago. Our lawyer has been holding the funds in her bank account since then & only makes excuses as to why she can't give us our money yet. We are more than willing to pay what we owe her but if she's making money on the interest, I think the amount owed to her should be reduced by what she's already made in interest. Is what she's doing ethical?
Optional Information: Rome, New YorkAlready Tried: We've asked her several times for the money we have coming & only get excuses. Getting Very frustrated with this whole thing...we Need that money ASAP!
An attorney cannot withold money in her bank account and earn interest. She is required to deliver all funds owed to you. Based on what you have stated, it appears that she is acting in violation to the rules of professional responsibility. You are advised to contact the disciplinary agency of her state and report her for further investigation. Please follow the directions linked here to file a complaint against your attorney.Again under the rules of professional responsibility your attorney should not be earning interest in her trust account. There are also issues of missappropriation of funds, see section DR 9-102 [1200.46] (may have to scroll down to the section).Absent a reasonable basis, the lawyer should deliver the proceeds you have earned.The attorney should only be paid on what she/he have earned and should provide an accounting on demand.
Attorney & Certified Mediator
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