What can I do if attorney has been holding money in trust since 2008?

Much more information would be needed: we would need to know why the money is being held in trust in the first place, what conditions would require its release, whether the attorney has any control over those conditions, and what, if anything can or should be done about it. Five years does sound like a long time. Attorneys, as fiduciaries, have a duty to account for funds they hold.

You probably signed a lien that authorizes the attorney to pay the doctor. The doctor has 4 years to sue on the lien since the lien was breached.

This is a good question. You might want to contact the state bar to see what they have to say about this. Ordinarily a lienholder will have 4 years to file suit. So once that time period elapses, the doctor cannot sue for the services rendered. The time when the 4 years commences is debatable ? from when services were rendered or from the date he refused the offer to compromise the lien.

It is time to file a grievance.

I would direct your inquiry to the Cleveland Metropolitan Bar Association?

In Michigan, it is your own vehicle insurer that should pay any crash related medical bills. So it is not typical to pay related medical bills out of the settlement of the personal injury/3rd party case, but rather to pay them out of the PIP/1st party case. So you likely need to get this concept straightened out in your mind by contacting your attorney for an explanation of the above. If there is indeed a valid lien held by a doctor, and the doctor will not settle on what you/your attorney consider to be a reasonable amount, then it is indeed proper for your attorney to hold the funds in escrow until there is a resolution of the lien. The doctor has 6 years within which to sue (contract statute) you for any unpaid bills. If the doctor doesn't sue within that time, then your attorney should be able to release the funds. Alternatively, you could ask your attorney to file a declaratory action vs. the doctor to ascertain the amount and reasonableness of the bill, but you would then have to pay for the attorney time, court costs, litigation costs, etc. and the economics of same probably wouldn't make sense. However, these are all things to discuss with your attorney.

You and your lawyer are holding the money and refusing to pay the doctor his bill how is that unclaimed? Pay the doctors bill, or litigate it with him and get on with it. Surely your lawyer can handle this.

We all face this same problem and there is no good solution except to hold the money until the lien is no longer effective. Your lawyer is doing what is best for you and himself. Be patient.

File a complaint with the bar association. That may get his attention.