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I had a lawyer 4 years ago. I won my case and got a settlement. When I turned 18 I was supposed to be able to get my money. But the lawyer is not answering my phone calls or messages.
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3 Awards
Yes.
Answered on May 31st, 2013 at 12:40 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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You have one year from turning 18 to file suit. You can also file a grievance with the State Bar of Michigan against the attorney.
Answered on Dec 12th, 2011 at 9:41 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Perhaps you put your money in an annuity? If so, you won't be able to get a payment until whenever you chose to have it delayed to. Go to your attorney's old office and ask your parents if they have any paperwork from the case. There should be an infant compromise or infant approval order somewhere which will tell you where your money is. Also, you can check with the court your case was in as well and search their documents. It's possible your attorney has closed shop or worse so you may have to look in other places. Either way, it's not something that requires suit. Just find your money as it is in a bank or an insurance company has it.
Answered on Dec 05th, 2011 at 10:59 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The clerk of court probably has your money.
Answered on Dec 03rd, 2011 at 12:39 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you can. You may also want to file a grievance with the Sc Office of Disciplinary Counsel. You can probably find this process by Googling South Carolina Office of Disciplinary Council.
Answered on Dec 02nd, 2011 at 11:39 PM
Sam Louis Levine
This is not a good situation. It is best to handle this matter delicately and without strong threats. These types of matters usually require surgical precision.
Answered on Dec 02nd, 2011 at 11:02 PM
Steven D. Dunnings
If you were a minor, a conservator was probably appointed to handle the proceeds. You need to look to the conservator, who was probably one or both of your parents.
Answered on Dec 02nd, 2011 at 10:18 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You don't need to sue. Contact the local grievance committee in you area.
Answered on Dec 02nd, 2011 at 10:00 AM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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Yes you can sue your attorney but I would imagine it will not be necessary. I would send the attorney a certified letter requesting he/she contact you immediately. If you do not receive contact from the attorney, contact the State Bar Association and commence a complaint against the attorney. Settlement funds for minor are always protected in protected funds and annuities in Utah and I would imagine it would be the same where you are. Good luck!
Answered on Dec 02nd, 2011 at 8:10 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the case was settled there should be a court order in your case file that you can get a copy of in the court. It will say where your money was put. Start with that.
Answered on Dec 01st, 2011 at 8:41 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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Yes you can. Consult with an attorney who specializes in legal malpractice claims and also contact the State Bar of California about your concerns. You should also ask your parent or guardian what happened on the case. When a minor's case settles, the settlement is to be approved by the Court and the net money to the minor is to be placed in a "blocked account", i.e., an account that no withdrawals can be made without prior Court approval. The account is in the minor's name under the Guardian Ad Litem, generally the parent. When the minor turns 18, he can go directly to the bank and withdraw the funds.
Answered on Dec 01st, 2011 at 7:17 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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There should either be a conservatorship set up in Court with your money or your parents got it if it was under $5,000. It could also have been placed in a structured settlement. I'm guessing the attorney doesn't have it.
Answered on Dec 01st, 2011 at 7:13 PM
You can, but you may not need to. You need to hire a lawyer to contact your first lawyer. Your first lawyer me be more responsive to another lawyer. If the first lawyer has absconded with your money, then you may be able to present a claim to the Oregon Client Security Fund. The Fund can make whole a client whose lawyer stole the client's funds. But you should start by getting a lawyer to help you.
Answered on Dec 01st, 2011 at 7:12 PM
Civil Trial Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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If you have a valid claim, you can sue your lawyer.
Answered on Dec 01st, 2011 at 7:08 PM
You should write to the attorney, sending your letter certified mail with return receipt requested, include a copy of the settlement agreement, explain you are now 18 and entitled to the settlement, and that you now wish to receive the settlement. If the lawyer does not respond, write again, certified with receipt, explain the situation again. If this does not prompt a response, contact the Board of Bar Overseers with copies of the above documentation and proofs of delivery to file a complaint. You should then retain counsel. You may sue the attorney within three years of the date of the event giving rise to your suit (the failure to pay your settlement to you).
Answered on Dec 01st, 2011 at 7:07 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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I doubt that you need to sue your attorney. If a case settles and the plaintiff is a minor, the money should either be held in a restricted account, an annuity, or in the probate court. Go to the court where the settlement occurred and check the file for the Approval of a Minor's settlement. It should have the info you need.
Answered on Dec 01st, 2011 at 6:49 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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If you settled when you were a child then the court should have approved the settlement and usually one or both of your parents are made your Guardian. The money then is typically deposited in a restricted bank account with instructions to the bank to not allow withdrawals unless there is a court order. If your case was filed with a court and you know what court it was I would start off by contacting that court. You should talk to your parents to see which one was appointed as your guardian. If your lawyer did something wrong then she/he can be held responsible. You would want to contact a lawyer as soon as possible because of the statue f limitations. I think that you should have two years from the time you turn 18 years old. It could be sooner if you were emancipated(on your own) before you were 18.
Answered on Dec 01st, 2011 at 6:39 PM
Civil Rights Attorney serving Chicago, IL
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Jackowiak Law Offices
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An attorney can be sued for improper handling of a client's money. Before you sue, I would make sure the money was not placed into an account you may already have access to. You should also send a letter certified mail to the attorney stating that you will report the matter to the Attorney Registration and Disciplinary Commission unless the attorney contacts you immediately to explain where your money is kept.
Answered on Dec 01st, 2011 at 6:38 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Certainly you can sue your own attorney, but the bottom line is that you want to get your money. I would go to the local bar association and explain your plight to them and ask them how to go about filing a complaint with the Florida Bar, which should get you some answers.
Answered on Dec 01st, 2011 at 6:38 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Send the lawyer a demand letter, asking the to distribute the settlement proceeds to you within 7 days. CC the letter to the State Bar. You will hear from the lawyer or you will file a complaint with the State Bar.
Answered on Dec 01st, 2011 at 6:34 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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Normally the money is deposited in a bank account in your name, and the name of a parent or guardian who opened the account for you. I would ask your parent or guardian before resorting to litigation.
Answered on Dec 01st, 2011 at 6:27 PM
Your attorney most certainly has an obligation to communicate with you. If you have tried numerous times and have failed, I suggest you call one more time and let the attorney know that you will contact the Board of Bar Overseers in Massachusetts if you don't hear back. The BBO is responsible for the ethical conduct of all attorneys in Massachusetts. I am guessing that the attorney will respond when he or she hears this. Best of luck.
Answered on Dec 01st, 2011 at 6:25 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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The statute of limitations is two years for legal malpractice. You may contact the Attorney Grievance Commision if you believe a lawyer has taken your money.
Answered on Dec 01st, 2011 at 6:19 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Do you have a copy of the Infant Compromise Order? If NO, get a copy from the court file and take it to the bank listed in the order with your ID. This really has nothing to do with your attorney any more.
Answered on Dec 01st, 2011 at 6:18 PM