Should I be concerned if I have not heard from my law firm? 28 Answers as of October 03, 2011
I have not heard from my lawyer in more than 2 weeks even though settlement check was mailed a month ago. The last I heard was the check had been mailed to his previous address by mistake and since then I reach nothing but voice mail. He is not with any law firm and his receptionist last answered the phone a week ago should I be concerned?Free Case Evaluation by a Local Lawyer!
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Kelaher Law Offices, P.A. | James P Kelaher
You should stop by his office "just to check in".
Answer Applies to: Florida
Replied: 10/3/2011
Patrick M Lamar Attorney | Patrick M Lamar
That sounds troubling. If you know who the insurance company was, who wrote the check or the lawyer on the other side of your case, I would call them to find out if the check has been cashed. If so, call the bar association immediately. You may need to contact local law enforcement also.
Answer Applies to: Alabama
Replied: 9/30/2011
Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
You have nothing to worry about. You can always write a letter and/or go by your attorney's office.
Answer Applies to: Florida
Replied: 9/29/2011
Dunnings Law Firm | Steven Dunnings
Yes, you should be concerned. If you can't find the lawyer you might try to contact the insurance company, or their lawyer, to see if the check has been cashed and ask for a copy of the cancelled check. Also, check with the Michigan State Bar to see if they have a current address for the lawyer.
Answer Applies to: Michigan
Replied: 9/29/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Check with your local state or city bar association to help you contact your attorney. Also, send a registered letter requesting an immediate response. Is your signature required on the final settlement agreement?
Answer Applies to: Indiana
Replied: 9/29/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
It appears from your statement that the process is progressing within normal limits. Attorneys do have an ethical duty to communicate with their clients. You should probably keep trying.
Answer Applies to: Washington
Replied: 9/29/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Make contact with your lawyer. Then you can decide if you should be concerned, but probably not.
Answer Applies to: New York
Replied: 9/29/2011
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
If this happened to me I would go to his office and see what was going on. It could be as simple as him having a family emergency out of town and the staff playing that old game "when the cat's away the mice will play." Or it could be something serious. Find out.
Answer Applies to: Georgia
Replied: 9/29/2011
Law Office of Jared Altman | Jared Altman
Maybe. You might want to pay his office a visit in person.
Answer Applies to: New York
Replied: 9/29/2011
The Margolis Firm | Charles J. Candiano
Probably not. When an attorney settles a case with an insurance company, the attorney's tax ID number and related address are retained for future reference. Whenever a claim is settled, the insurance company requests the attorneys tax ID number. Irrespective of the address on the stationary, the check is automatically sent to whatever address the insurance company has associated with the tax ID number, unless a new Form W9 is transmitted to the insurance company. It can be very frustrating because once the attorney's forwarding order with the post office has expired, it may take 30 to 45 days before you realize what has happened. Most insurance companies will not re-issue a check until they can confirm that the original check has not been negotiated. While it is true that attorneys need to be diligent in responding to clients, a sole practitioner may have many demands, most especially if he or she is in trial. It is also likely that the practitioners receptionist is required to "multitask," most especially if the attorney is in trial. My advice is that you should remain persistent, but patient. Good luck.
Answer Applies to: Illinois
Replied: 9/29/2011
Law Offices of Richard Copeland, LLC | Richard Copeland
I wouldn't panic. Nonetheless, I would call daily until you get a response. You might also try to go to the lawyer's office until someone there lets you know what's going on.
Answer Applies to: Colorado
Replied: 9/29/2011
Law Office of Mark P. Miller | Mark Miller
Not knowing who your lawyer is or what your level of communication has been in the past makes it difficult to respond. I know that sometimes lawyers end up in trial and communication can be sketchy. I'd keep calling once or twice a week with a few days in between. If the phone line hasn't been turned off, I'd say your lawyer has gotten busy, maybe on vacation or maybe even in the hospital. If you know his/her e-mail address you could send him/her an e-mail and a letter inquiring if everything is okay. Sometimes it can take a couple of weeks to a month to get a replacement check. Also, typically settlement checks are made out in both your name and the lawyer's name so the lawyer wouldn't be able to deposit the check unless s/he wants to commit a crime which, while it happens once in a while, is unlikely. Hope that helps.
Answer Applies to: Colorado
Replied: 9/29/2011
Law Office of Dean B. Gordon | Dean B. Gordon
Attorneys are required by the State Rules of Professional Conduct to reasonably communicate with their clients. If you have been unable to reach him by phone, try email and regular mail. If he does not respond, contact your local bar association and/or the State Bar. This general discussion does not constitute legal advice. No representation is created or implied by this general information.
Answer Applies to: California
Replied: 9/29/2011
Andrew T. Velonis, P.C. | Andrew Velonis
From what you describe, the answer is: "Yes". The way it's supposed to work is: you each sign the settlement check, then you lawyer deposits it into his escrow account and then when it clears, he cuts you a check for your amount due. I have known of lawyers who will make the deposit and then wait three weeks for it to clear so there would not be any doubt. But you say the settlement check "was mailed" a month ago. Did he have you come in and sign it? When was it deposited? Call him and tell him that if you do not hear back from him personally (not a receptionist) within 72 hours that you will report the matter to the Grievance Committee.
Answer Applies to: New York
Replied: 9/29/2011
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
There is always a lot of red tape that takes place during the distribution of funds that the client is usually not aware of. Once the case is settled, it always seems to me that the insurance adjuster forgets about the case. I have had to hound adjusters to get a check sometimes months after an agreement has been reached. Prior to cashing the check or sometimes even sending it, some insurance adjusters require the lawyer to have the client sign the release of liability and mail it to the company. Once the check is sent to the lawyer, he or she must deposit it into their lawyer trust account and wait for a reasonable time for the check to clear before distributing funds to the firm and to the client. The Oregon Professional Liability Fund suggests that lawyers wait up to 10 ten days to be sure that the check has cleared prior to distributing funds. Sometimes the lawyer is also busy and may forget to get the money to you. It can't hurt to keep trying to contact your attorney. There is no good excuse for your lawyer to keep you in the dark about what is going on with your money.
Answer Applies to: Oregon
Replied: 9/29/2011
THE LAMPEL FIRM | ERIC LAMPEL
Yes. Check the State Bar web site and see if he is still licensed, and write him a certified letter detailing contact attempts, and demanding a response and your check, and indicate if you do not hear from him in 72 hours you will file a complaint with the State Bar. Money is money and this is your money and failure to communicate, especially over your money is a violation of the Rules of Professional conduct that makes us all look bad. Get to the post office with your certified letter!
Answer Applies to: California
Replied: 9/29/2011
Oliver Law Office | Jami Oliver
Most settlement checks take some time to arrive at the attorney's office. It is not unheard of that an insurance company would mail a check to an old office address and a stop payment is issued. I would not be overly concerned, particularly if it is a small office and the staff is not there full-time. Many small law firms have voicemails systems for that reason. I would simply keep trying to call and always leave a message.
Answer Applies to: Ohio
Replied: 9/29/2011
Sargent Law Firm | Ryan Sargent
I would not be too concerned. Usually it takes a couple of weeks for the insurance company to cancel first check and re-issue a new one. If your attorney does not give you a call back in the next week just show up at his office. Most attorneys do not want clients just showing up at their office but at the same time he should call you back.
Answer Applies to: California
Replied: 9/28/2011
Law Firm of Nicholas George | Nicholas George
send a certified return recceipt letter to this attorney. If he does not respond, report him to the washington state bar association.
Answer Applies to: Washington
Replied: 9/29/2011
Klisz Law Office, PLLC | Timothy J. Klisz
You could contact the state bar to see what they advise. It could help.
Answer Applies to: Michigan
Replied: 9/28/2011
Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
I would be concerned. You should call the Oregon State Bar.
Answer Applies to: Oregon
Replied: 9/28/2011
Coulter's Law | Coulter K. Richardson
Yes you should be concerned. Follow up with the defendant's law firm to confirm in writing where the check was sent and for how much. Now when you move your law office, everything is in disarray, so it might very well be attributable to that. However, he needs to call you back, especially when money is involved. If you still hear nothing, call the New Jersey Fund for Client Protection.
Answer Applies to: New Jersey
Replied: 9/28/2011
Chalat Hatten & Koupal PC | Linda Chalat
In most personal injury settlements, the check will be made payable to the plaintiff and the plaintiff's lawyer. Depending on how aggressive you wish to be - you could leave one more message for your lawyer explaining that you will be contacting the appropriate parties to determine if the check was issued properly and if it has been cleared by the bank for the insurance company. Allow 2-3 days for a response and then do what you can to track down whether the check has cleared. If you continue to receive no response from your lawyer, you may wish to contact the Office of Attorney Regulation Counsel of the Colorado Supreme Court. You will be able to explain your situation in greater detail, with complete confidentiality, and have your questions directly answered.
Answer Applies to: Colorado
Replied: 9/28/2011
Craig Kelley & Faultless | David W. Craig
I would be concerned if you are trying to reach your attorney during normal business hours and you are always getting his answering machine. I would strongly recommend that you go by his law office and try to meet with him. Hopefully there is a logical explanation but I do think that there is reason to be concerned.
Answer Applies to: Indiana
Replied: 9/28/2011
The Lucky Law Firm, PLC | Robert Morrison Lucky
No, there is not a reason to be concerned at this point. I would continue to call and check on the status of the settlement check. If after a few more weeks you do not hear anything, then I would be a bit more concerned. Continue to call until you get a response though. I am sure his office will get back with you as soon as they hear something. Although this is not how my office chooses to do business, some attorneys do.
Answer Applies to: Louisiana
Replied: 9/28/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You should visit the lawyer's office personally to make an appointment.
Answer Applies to: Louisiana
Replied: 9/28/2011
The Law Firm of Shawn M. Murray | Shawn M. Murray
Probably not. If your attorney attempted to take your portion of the settlement proceeds he would subject himself to disciplinary action by the bar association, including the possibility of having his license to practice law suspended or even revoked.
Answer Applies to: Louisiana
Replied: 9/28/2011
