QUESTION
Can I sue the law firm that once represented me?
Asked on Dec 04th, 2014 on Personal Injury - New York
More details to this question:
I signed a release almost 2 months ago and was told I should receive my check within 10 business days, then I was told approximately 2 more weeks. I know the check has been received because the liens and loans have been paid in full. Whenever I call or send and email to either partners, I don't get a response or I'm told by a receptionists to leave a message which is never returned. I was even told by the actual attorney (not partner) who handled my case that my check is in and it's in the law firm's escrow account. I was told that he personally left the paperwork with the partner of the firm. Even the paralegal who's handling the payment told me the check had been received. I feel like my hands are tied and I have bills and people I owe money to by a deadline or I'm going to have a block put on my account or even do jail time if not paid by a certain period of time. This isn't right and I feel it's illegal. Their supposed to be working for me not against me. What do I do?
1 ANSWER
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Andrew T. Velonis, P.C.
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I don't think suing them is going to get you anywhere any faster. I do have recommendations, but first let me give you some info: After a release is signed, the Plaintiff lawyers send it and other documents to the Defendant's lawyers. Then the Defendant's lawyers turn it over to their client's insurance company (or the client, if that is the situation) and then they have 21 days to produce the check. When they do, they have to send written notice to you that the check has been sent to your lawyers. Then you and your lawyers sign the check and then they deposit it into their escrow account, and then yes, some lawyers will wait a full three weeks before releasing the funds. So, it can legitimately take two months. With that in mind, here's what you do: write up a "time-line", a list of everything it happened with the date, starting on the date you signed the release. Be as complete and precise as you can. Find out everything you can about the liens being paid, etc, you can call the lienors and ask when they got the money. When you have all that, call the local Office of Court Administration Grievance Committee and ask them to look into it. They will want all the info, and there will be paperwork, but go ahead with that. They will look into it, and the lawyers at the firm will definitely take it seriously. In fact, I'd expect that one phone call from the Grievance Committee and you will get your check the next day.
Answered on Dec 05th, 2014 at 10:12 AM