QUESTION
Can my lawyer get in trouble for not sending me money I won from a civil case?
Asked on Oct 20th, 2017 on Civil Litigation - California
More details to this question:
Back in 2016 I started the process of suing my step father for money he stole from me, money that I won from being in a terrible car accident. The courts awarded me with the money in 2013, at the time I was still a minor so they gave my step dad specific rules as to what to do with the money. Long story short, he didn’t do what the courts said to do and he spent all the money which was around $22,000. So in 2016 I sued him for it and I won. My stepdad now has to pay back all the money and he has to pay $400 on the 15th of every month through my lawyers office. Now my lawyer is supposed to be sending me a check every month of $300, he takes $100 out of every check for a contingency fee. I won this case back in May 2017.. and I have only gotten 2 checks from him, one in the month of June and one in the month of August. He doesn’t communicate with me. His paralegal doesn’t communicate with me. I email them asking when they are sending the checks, they NEVER get back to me about it.
1 ANSWER
IF your attorney received money from the case that he/she was supposed to send you and didn't, he/she could get in a great deal of trouble, both with the attorney disciplinary authorities and criminally. However, I think it's far more likley that your stepfather hasn't been complying with his obligations. The lawyer is under no obligation to distribute money to you which he/she hasn't received. I would continue to try to find out what's going on from the lawyer, but if he/she won't get back to you, I think you should file a complaint with the local disciplinary authorities (sorry, I don't know exactly who handles this in California, but I'm sure you can find the information on line), which will force the attorney to at least let you know what is going on, at which point you can decide who you need to proceed against.
Answered on Oct 23rd, 2017 at 9:03 AM