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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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what are my rights to request my attorney to provide copies

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what are my rights to request my attorney to provide copies of the contract hiring the lawyer and do I have the legal grounds to demand the billing and expenses on my case. What recourse if any to hold the attorney accountable for hospital liens when the settlement check was received by my attorney and failed to tell me she received the money and that was 3 years ago come June 2013. I need solid sound advise in this matter. Please help to right this wrong.

Thank you for your question and I'm sorry to hear about this situation.

To be able to answer your question fully, I need to know a little more about your particular situation.

What kind of case did you have?

Did the case settle or go to trial?

What was the outcome?

Customer: replied 3 years ago.

My case is a personal injury/civil suit in Dallas Tx. We had a court order mediation company. We reached an agreement settlement amount of $50,000. However I have hospital liens & medical liens filed at the county clerk record bldg. which are still in effect. The mediation meeting occurred on May 4, 2009. The courts showed the status closed and there was an agreed motion to dismiss with prejudice. I contacted my attorney who informed me she received the money, I had know idea she got the funds until last week. I requested certain documents and including an itemized statement & she has not provided that request as of yet. She still has all of the money what can I do?

It certainly is odd that the settlement was reached in 2009 and is just now being funded. However, let's make sure that we are on the same page when it comes to the hospital liens:

A hospital lien is a lien on the proceeds of your lawsuit. It must be paid before you or your attorney may personally take any money. What typically happens when a settlement is funded is that the attorney takes the money and places it in her trust account. While it is in the trust account, the attorney has no personal claim to it. Then the attorney is supposed to attempt to negotiate the hospital liens down so that there will be money left to pay the attorney and to pay you.

Again, it is odd that it has taken this long. In fact, I would say it is a breach of her duty to you, especially in regard to keeping you informed of what is going on with the case.

Did she tell you whether or not she was going to distribute the funds?
Customer: replied 3 years ago.

She has had the money for almost 3 years & it was by accident I found out. She never sent me any notification of the settlement check she went on to tell me there is only $25,000, left of the disbursement and that she needs my permission to negotiate the liens. I requested an itemized statement oh her billing expenses & her fee & she will not give me that along with a copy of the actual check. Repeated I have asked for this. She is up to no good by the way she is acting & I don't know what legal means I have to force her to comply.... she has all the money & the liens are a concern for considering I am about to inherit my Mothers home.

Oh no! That means she has improperly deducted from the money and has broken the law.

What you need to do is contact the Texas State Bar immediately and file a complaint. The State Bar will hold a grievance hearing and order her to make restitution to you and will punish her. See the following page:

You can also sue her directly for breach of fiduciary duty and conversion. However, if what you said is true, she will likely lose her license to practice law.

Please let me know if you have further questions. Please also remember to rate my answer positively as I am not paid for my work on your question by the website until you do.

Customer: replied 3 years ago.

I will give a rating to you because I have already paid for my question.


One last thing, I need certain documents & she will not comply should I continue to speak with her or just contact the dallas bar accocation?

The website pays me from the money you've paid the website once you rate, so thanks again!

Don't contact the Dallas Bar, you will contact the State Bar in Austin through the website I provided in my last response. The State Bar will handle the grievance and will also get you the documents you are after. They will get the attorney client agreement and will require an accounting, but the long and short of it is that the entire amount should still be there if she has not first paid the hospital liens. Those must be the first to be paid.
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