What can we do if my wife has a case with this attorney, she and I signed a settlement and now says that he doesn't know what happen to the check?

Call the Florida Bar about the issue.

No problem.

The first question I would have is whether you and your wife signed the $13,000.00 check. This would confirm whether your wife's case was actually settled. If not, the case may not have actually been settled. Your wife has a couple of options about dealing with her attorney and the situation. They are, not in any particular order: (1) Contact the attorney, by telephone, email and letter and demand an explanation and copies of all relevant documents; (2) If her attorney is an associate or a low-level partner in a law firm, she could try talking to the owner of the law firm or managing partner to get information; (3) Your wife can discharge the attorney and find another attorney to represent her. Clients in civil cases, such as an automobile accidents, can discharge their attorney for any reason they want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case; and (4) She can contact the Nebraska Counsel for Discipline and report the attorney for failing to respond to your attempts to communicate with her and about the settlement. The Counsel for Discipline will request information about the case from the attorney. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

It would be unusual and quite wrong, of course, for any attorney not to turn over the client's share of a settlement check, as soon as feasible. It is possible that the settlement check has been delayed insurance companies often take a long time to issue a check, for instance or misdirected, but a little inquiry by your attorney should clear that up. Remember also that once the attorney receives the check, he must make sure it clears before he can issue a check to you from the trust account, so a little patience will be in order even if the check arrives today. If you have not already made a written demand for information, write a polite but firm letter to the lawyer asking for clarification right away. Email is as good as regular mail, and faster. If you get the runaround, a call from another attorney might help get answers. Hope this helps.

This sounds really fishy. Which check was lost ? the $13,000 from the insurance company or the $8,000 to your wife? Either are easily replaced. Going to court sounds fishy. You can probably check the status of the case online with the court where the case is pending to see if it was dismissed yet. If so, your attorney would likely already have received the $13,000. I would fax him and email him today that unless your $8,000 check is RECEIVED by this Friday, you will be contacting the State Bar on Monday. This should get him or her moving because the lawyer can get suspended or even lose their license for taking a client's money.

You can contact your state bar association's lawyer disciplinary committee, but first I'd encourage you to give your lawyer a chance to satisfy you that he's on the up-and-up. Tell him you plan to go to the disciplinary committee first. That may make him more forthcoming with information and/or documents that support the truth of what he's telling you. It may be that he hoped to get you $13,000 but the insurance carrier balked, so now he has to file suit in order to continue to try to get you fair compensation.

Something is definitely wrong here. An attorney is a fiduciary and must answer to you. If he took the entire $13,000 check, and filed to deposit it in his state bar trust account, he is in big trouble and could lose his license to practice law. Let him know that he must turn over the complete case file immediately and account for all funds or you will complain to the state bar and he will be suspended from the practice of law or totally disbarred.

You could have an attorney substitute in and communicate with the insurance company who paid the settlement. The new attorney could also communicate with the old attorney to find out what is going on. Was a lawsuit ever filed? If so, you can check on line in most cases to see the status of the case (i.e. if it was dismissed).

That can be easily fixed. He will take care of it. He will contact the insurance company and advise them. They will put a "stop pay" on that check and reissue it. It just delays things a bit.

Contact the State Bar Association and report his failure to provide you with your settlement funds as well as an accounting of his services.

It is possible that there are liens on the file that he has to get cleared up before he can disburse any money. If he cannot satisfy you as to whether he still has your money, you can file a complaint with the fee dispute resolution panel, or file a grievance with the S.C. Office of Disciplinary Counsel. The SC Bar in Columbia can probably help refer you to these two panels.

Call your local office of the Florida Bar, and if you don't have one, there is a toll-free number for the Tallahassee main office of the Florida Bar.

Sounds like a lot of confusion. If your attorney has an alcohol or drug problem he might do bizarre things. The bar has a grievance committee to look into such things and a fee committee. Give your lawyer one more chance to explain it to you and if you are not satisfied as to his answer, take him to the bar and they will look into it for you. don't go off half cocked but don't be bashful either.

If what you are saying is correct, there are indications of a serious problem. Contact the grievance committee in your area right away. Your wife will need to write up a complaint letter and they will take action.

You need to see another attorney right away; one who can contact your attorney and figure out what has happened and is happening.

You may consult with another lawyer to look into the matter. If a court case is pending, contact the court for assistance.

Contact the State Bar for your state. I does sound like the attorney is not telling the truth. May be buying time to get the money from another client. If the attorney has violated his Trust Account, he can be disbarred. Don't listen to any more excuses.

Let the attorney know that you will be contacting the State Bar in one week if he does not respond to you and answer all of your questions to your satisfaction. Follow up and do so if he does not respond to your satisfaction.

You should file a complaint against the lawyer with the Pennsylvania Supreme Court Disciiplinary Board. Lawyers are required to communicate with their clients and inform them of all negotiations, receipt of settlement, etc. You might want to warn the lawyer that you plan to file a complaint if he does not respond with the requested information.

My very strong suggestion would be for you to contact the local office of The Florida Bar immediately. They will help you.