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 TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

what are my rights to request my attorney to provide copies

Resolved Question:

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.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

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 1 year 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?

Expert:  TexLaw replied 1 year ago.
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 1 year 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.

Expert:  TexLaw replied 1 year ago.
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: http://www.texasbar.com/AM/Template.cfm?Section=Filing_a_Complaint

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.

Thanks,
ZDN
Customer: replied 1 year 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?

Expert:  TexLaw replied 1 year ago.
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.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 17 other Legal Specialists are ready to help you

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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
< Last | 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

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.