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This is regarding Oklahoma law. I sued 3 medical

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This is regarding Oklahoma...

This is regarding Oklahoma law. I sued 3 medical professionals for medical malpractice over 3 years ago and hired an attorney I thought would be good for this type of situation. The reports, etc., regarding my husband's death was farmed out to professionals to see if there was a case to pursue. It came back that the professionals thought the case should be pursued and we got off to a start this past fall. The district judge held a case management conference and Motion to Dismiss filed by the defense counsel (3 attorneys for 3 defendants). Additionally, in October and November of 2017 three depos were completed: mine and my 2 grown children. Then we went home to enjoy the Christmas holiday when all of a sudden the two doctors and the radiologist counsel did not want to go any farther and they wanted to do a mediation. So the medication was held on Feb 6th, 2018. Right away I could tell my attorney and the attorney he asked to help him, whom I did not actually hire, were pushing for me to settle the case. This did not make sense to me but eventually I gave in after learning that my attorney's office did not go through the discovery as he should have. We learned at mediation that the doctors and radiologist shared an insurance policy for one million dollars at the hospital that only the radiologist was employed at and the two ER docs were employed by another company. How this works is beyond me. Anyway, the most we could get was $1,000,000 according to the mediator but, of course, the counsel for the defense and insurance adustor were determined to keep it as low as they could. In the end, we settled for half the amount minus 45% to counsel, any expenses incurred by my counsel's office of $1,500, and repayment to our health insurance for money expended for my husband's care when at the hospital 5 years ago. Signed off on the contract and was told I should receive my funds no later than March 6th, 2018. However this was not the case...

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

We are now two months down the road and I still have not rec'd the settlement funds as my attorney Brad told me that the attorney he asked to help him, Derrick;s, which Brad & Derrick became partners shortly after the mediation hearing, current partner named Terry through a fit and slapped a lien on my settlement funds to make sure he got what was due and owing to the firm he shared with Derrick before he left the firm. To say the least, this put a hold on the settlement. First off, one of the defendant's counsel, McCormick, did not order the insurance check as he claimed he did not know what direction the lien would go, which was none of his business, and that Brad's office failed to issue the pay advice as to how the check should be made out. I know for a fact that I signed paperwork at the front of the case being filed addressing how things would be written as the widow suing the medical professionals but this is a claim of the defense counsel. Next thing I know, they talk Derrick's partner, Terry, into dropping the lien against my name as I was not even involved with his office nor his partner. But the biggest goof of this all is the two attorney's, mine -- Brad and Derrick, choose not to tell me any of this stuff is going on and I had to call in to their office after March 6th and find out that this all took place but that they talked Derrick's partner to remove my name from the lien and thought good now I should receieve my settlement minus the hefty percentage and expenses. But this was not to be the case as the defense attorney, McCormick, states that Brad's office failed to provide necessary paperwork on February 7th showing the pay advice for the check, therefore he has a legal right to keep the settlement funds for an additional 30 days. Well, number one, he did not have a right to not send for the check as it was none of his business what lien was put on the funds. Number two, Brad's office says they sent him the request on the 7th of February and McCormick denies getting this. I asked Brad's office if they did not do this by registered mail making sure McCormick's office had no right to keep the funds and never received a response from Brad's office.

Lawyer's Assistant: Has anything been filed? If so, what?

Now, I am at this point in time where it is two months down the road and I want to know what type of action I can take to get this attorneys to quit playing games and give me my funds? Do I have the right to demand this money. McCormick, in my opinion, is in breach of the contract we all signed on February 6th, 2018, am I right?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think my atty has just about made this a worse fiasco over what the doctors and radiologist did to my husband in the hospital 5 years ago. It this nightmare ever going to end?

Submitted: 3 months ago.Category: Consumer Protection Law
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Customer reply replied 3 months ago
I have been told stories by the paralegal for Brad's office that McCormick, defense counsel, needed to know how to split the check up. Again, I asked her why defense counsel would need to split this check up as it was none of his business how much plaintiff's counsel earned, what outstanding bills were paid, if any, and there are none, and what sum I, the widow, would take with me in settlement. Boy, did the paralegal backtrack on this. I think something is rotten in Denmark and I cannot figure out what it is they are doing exactly. What are the trust laws regarding a client's money from a settlement. I am not getting answers and I am in need of the monies to settle things I have as obligations.
Customer reply replied 3 months ago
It is my opinion, my attorney and his co-counsel he acquired, should take less of a percentage for the very little time they expended in this case not to mention the stress and problems they have caused me for the past month.
Customer reply replied 3 months ago
How much inefficiency should I put up with from one attorney? First off, the lack of using discovery to find out what the insurance policy was worth for all three individuals. Then again, with the defense counsel regarding the ordering of the insurance check. Is it as defense counsel claims, my attorney's office failed to follow through with the pay advice, etc? Or is defense counsel playing a game for as long as he can get away with it when he should be in breach of contract dating back to the original contract on February 6, 2018. I am tired of getting the run around and no legitimate answers so I think it is time to get busy and find out what the heck is going on. What is my rights? Can I go after all 3 attorneys to get them to own up to what they are doing and where the funds are located? What can I do?
Answered in 1 day by:
4/4/2018
Consumer Protection Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
Category: Consumer Protection Law
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 3 months ago
I can wait.
Consumer Protection Lawyer: LegalGems, Lawyer replied 3 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,615
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 3 months ago

I am terribly sorry to hear this; so to be clear the plaintiff's attorney won't release the settlement funds because the defense attorney has put a lien on these funds?
Were settlement proceeds disbursed to the defense attorney and if so was there a court order or agreement stating plaintiff was responsible for defendant's fees?

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Customer reply replied 3 months ago
Let me start again. Plaintiff's counsel is my attorney, named Brad, and I hired him over 3 years ago on a medical malpractice case after the death of my husband. Brad enlisted the help of Derrick, who had his own office in another city. Derrick's partner at that time was named Terry. It is Terry who filed the lien on my settlement funds, in February of this year, to stop Derrick from taking the firm's share of the settlement when he announced he was leaving the firm he shared with Terry. Derrick then joined Brad and two other attorneys in a PLLC within the last two months. Subsequently, the lien on my funds was dropped by Terry after he realized I did not hire Derrick as co-counsel but rather Brad brought him on board after consulting with him various times. How much consultation time was shared I have no idea because this bombshell was dropped in my lap this past November of 2017 when they asked me to sign a paper letting Derrick enter the case right in the middle of my deposition. My thought was that Derrick would share the percentage Brad quoted me 3 years ago when I first approached him about my case. However, this was no the case. On February 6, 2018 I was informed Brad would take 25% and Derrick would get 20% as somewhere along the line the law had changed in Oklahoma that allowed attorneys to take a greater percentage of a civil case when there was a settlement. Notwithstanding this piece of information, when did this law take effect where an attorney could take up to 45% plus any outstanding bills he might have incurred up to the point of settlement?A settlement agreement was reached in mediation on February 6, 2018. At this time, after my repeatedly asking Derrick and Brad that day, when would I receive my settlement funds, I was told each and every time it would be within the next 2-3 weeks if not sooner... but the latest the check could arrive was March 6th, 2018. Well, this is not the case. According to my attorneys, plaintiff's counsel, defense counsel McCormick who was to order the insurance check be prepared failed to do this on February 7th after receiving the payee advice instructions from Brad's office, plaintiff's counsel. Defense counsel McCormick claims he never received the advice instruction while at the same time plaintiff's counsel, my attorney, says it was prepared and sent on February 7th, just one day after a contract was signed at the end of a mediation mtg stating it would be delivered no later than March 6th, 2018. Now fault lies with one or both counsel, plaintiff and defense, and here is why I say this: #1) if plaintiff's counsel did in fact send the instructions, and that's a big IF, as to how the check was to be prepared to defense counsel on February 7th, then there is no question that defense counsel McCormick is in breach of the contract dated February 6th because he had no reason not to order the check. #2) Or Plaintiff's counsel Brad should have sent the written instructions as a registered letter requiring defense counsel to sign for the letter and thus plaintiff would have proof that the letter was receipted by defense counsel. Who do I believe? I cannot fathom how someone would send something of that importance to another attorney without something going in to the client's file as a means of tracking what has and has not been done. And herein lies the part where my so called plaintiff's counsel screwed up once again. Who is at fault here? My attorney tells me that because Terry filed the lien on the settlement funds defense counsel McCormick contacted either Derrick or himself and made the decision not to order the check back on February 7th or shortly thereafter as he wanted to see what happened with the lien situation. Again, it should not matter one way or another what happened with the lien situation as defense counsel McCormick's obligation was to the malpractice case and following thru with ordering the check. It was none of defense counsel McCormick's business if there was or was not a lien put on the settlement funds. He should have proceeded with ordering the insurance check and its disbursement according to per contract signed on February 6th, isn't that right? Who's at fault for the continual mess ups and why do I, the widow and plaintiff in the malpractice suit, have to keep putting up with gross inefficiency.When I did not receive the check on or about March 6th, I called my attorney, plaintiff counsel Brad, and his legal asst gave me the heads up on what happened. Let me tell you, she told me that she failed to send the defense counsel how each check was to be made out on the payee advice. I then informed her that it was not the defense counsel McCormick's responsibility to prepared separate checks for everything. His only responsibility was to order a lump sum check that she and Brad would split up accordingly as it was none of defense counsel McCormick's business who .
Consumer Protection Lawyer: LegalGems, Lawyer replied 3 months ago
I'm sorry. I have already left the office so I will opt out so you don't have to wait. Thank you. Please don't respond to this as that will prevent another contributor from accessing the question
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