How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

I have this situation a check was issued out to me a lawyer

Customer Question

I have this situation: a check was issued out to me a lawyer and insurance claim help. The lawyer sent me the check asking me to sign the back of the check then mail it back to him.This was check issued by an Insurance company.The lawyer first sent a settlement letter wanting his fees to be covered. I refused . He then sent another settlement letter agreeing not to take any fees . I am feeling nervous. I think the lawyer and insurance claim help" are jerking me around. What do I do?
1. I feel if I sign the check and send it then the lawyer and Insurance help will not give me my check
2. the lawyer can say that the settlement included his fees and hence he will deduct the fees from the check. what can I do
Submitted: 5 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 5 years ago.

Hi, and Welcome to JustAnswer


Thank you for your question,


My name isXXXXX am a licensed, practicing Attorney and would be glad to help with your question,


Q. Did this lawyer help you settle a claim ?


Q. When you first retained this lawyer, did you have an agreement with him that he would work for free and not be paid a fee for his services ?


Thank you


Customer: replied 5 years ago.
Insurance claim help use this lawyer to get settlement claim. I was told by the lawyer that he would not take any fees and according to florida law I am not to pay any legal fees to lawyers. This lawyer said this to me.
Customer: replied 5 years ago.
yes the lawyer helped to settle the claim
Expert:  Andrea, Esq. replied 5 years ago.

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum. The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed





If the lawyer entered into a written agreement with you that he would not take a fee for helping you settle the claim, then he cannot claim a fee now and if he demands a fee, you must remind him that the written agreement you have with him states that he will not charge you a fee.


However, if the lawyer's promise not to charge you a fee for negotiating a settlement for you is not in writing, but was only a verbal promise, it will be difficult for you to prove that he promised not to charge you a fee.


It is also important to keep in mind that if he has been negotiating with the insurance company all of this time, the insurance company will be unwilling to issue a settlement check without his name on it. You can call the insurance company and speak to the representative with whom the lawyer has been dealing and instruct him to issue a check without the lawyer's name on it and see what his response will be. If the insurance company issues a check with only your name on it and the lawyer does not get paid anything, he will probably want to sue you for his fee. I do not want to upset you, but I feel it is my obligation to let you know this so that it does not come as a surprise to you, if he does decide to sue you.




Please press the "ACCEPT" button so that I receive credit for my time and effort in helping you

That is the only way I get paid

BONUS and Positive Feedback are appreciated



Best Wishes for a happy, healthy New Year, 2011







Don't forget to leave Positive Feedback



Customer: replied 5 years ago.
By law I am not to pay any fees to a lawyer. so how can he sue me?
Expert:  Joseph replied 5 years ago.

I received a message that the previous expert had been opted out and there was a request for my assistance. What information do you need at this time?


Thank you.

Customer: replied 5 years ago.
1. what does this mean:
First party states this agreement is being voluntarily made by them as a full and final settlement of all claims asserted against second party as described herin including but limited to claims for breach of contract , damages , bad faith attorneys fees and costs
Expert:  Joseph replied 5 years ago.

I assume you are the "First party" in this situation?

Customer: replied 5 years ago.
yes.. what is this lawyer doing?
Expert:  Joseph replied 5 years ago.

This statement indicates that you:


  • Have voluntarily entered into this agreement
  • That it is a full and complete settlement of the issues
  • Agree that you have no cause of action against him for breach of contract, damages, bad faith or attorneys fees or costs


In other words, it is a release of liability in regards XXXXX XXXXX matter this is addressing.


I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!


Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions