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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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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: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 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 3 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 3 years ago.
yes the lawyer helped to settle the claim
Expert:  Andrea, Esq. replied 3 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

 

 

ANSWER

 

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

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

 

Don't forget to leave Positive Feedback

 

 

Customer: replied 3 years ago.
By law I am not to pay any fees to a lawyer. so how can he sue me?
Expert:  Joseph replied 3 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 3 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 3 years ago.

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

Customer: replied 3 years ago.
yes.. what is this lawyer doing?
Expert:  Joseph replied 3 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.

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