Attorney Fee Dispute Resolution

Summary

Your attorneys demand for a third of your lost wages check for using his bank account may not align with your fee agreement. Consult another attorney to explore your options.

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I have an attorney who is handling my accident and my insurance company sent a check for my lost wages to the attorney which has his name as well as my name on it. My attorney digned his name to the check and mailed it to me. I am finding it impossible to cash or deposit the check and I called to ask him if i was to drive the * hours to hom would he go to the bank with me to cash it and he told me that if he has to go to his bank he is taking a third of it. I was telling my friend the situation and he said i should talk to a different attorney cuz it sounded like the attorney was truong to extort me. Id just like to know if this is considered extortion and if so what can i do about it?
What state are you located in? This will help me provide the most accurate information regarding your situation.
Michigan
What is the agreement you have with your attorney regarding fees and expenses? This will help me provide accurate information.
He doesnt get paid until he wins if he wins. Im not suing MY insurance tho its the at fault drivers insurance.
What is the exact wording of the fee agreement you have with your attorney? This will help determine if his actions are in line with your agreement.
Would u like me to send a copy of my retainer?
Yes, please. It would be helpful to understand the terms of your agreement. Remember, don't share sensitive personal information online.
Ok one min
While waiting for the retainer, could you please tell me if your attorney explained why he wants a third of the check?
By signing this agreement, you retain ......LAW, PLLC to represent you with respect to yourclaim for damages, including any applicable uninsured or underinsured motorist claims. ...... LAW, PLLC will utilize itsbest efforts to obtain a settlement or judgment for you through negotiation or other legal action. If we do not obtain a settlement or judgment for you, you will pay us no fee. If we obtain a settlement or judgment for you, you will pay attorney’s fees and costs as follows: Attorney’s Fees: If .......PLLC obtains a settlement or judgment for you, you agree to pay an attorney’s fee of one- third (*/*) of the total amount recovered. In the event settlement is achieved by means of a combination of an initial lump sum payment and future installment payments the attorney’s fee, as to present and future payments, shall be paid at the time of settlement or judgment from the initial lump sum payment and shall be computed upon the entire settlement. Costs: will advance the costs of pursuing this claim, you agree to reimburse all costs incurred IF we reach a settlement or judgment. These costs will be deducted from the settlement or judgment we obtain for you after the deduction of attorney’s fees. Costs include such expenses as medical records and reports, police and accident reports, investigation expenses, and costs of litigation, including court costs and witness fees. General Provisions: ........LAW, PLLC. makes no warranties or representations regarding the amount of recovery, if any, or the successful outcome of your claim. Either party can terminate this agreement by giving written notice. If you terminate this agreement, we will be entitled to all costs advanced as described above. Additionally, we will be entitled to an attorney’s fee as described above from any recovery you may ultimately obtain on any offer of settlement which has been made prior to termination. If you terminate this agreement before a settlement offer has been made, we will be entitled to an attorney’s fee based on the time we have spent working on your claim. Client
Did your attorney explain why he considers the check for lost wages as part of the "total amount recovered" as stated in your agreement?
He just said if he has to use his bank acct he was taking half
What is the total amount of the check you received for lost wages?
*.*
What is the name and location of your attorney's law firm? This will help me provide you with the most accurate information.
Jalal abdullah
What is the name of your insurance company and have you contacted them about this issue?
Im sorry jala abdalah
What is the name of your insurance company and have you contacted them about this issue?
Insurance company is state farm
Have you informed State Farm about this issue with your attorney and the check?
No i have not
Have you considered contacting State Farm about this issue? They may be able to reissue the check in your name only.
I have but i called them before while i was still waiting for the check and inquired as to why the check wasnt in just my name and they said it had to be in mine and the attorneys name
Did your attorney provide any written communication or agreement stating that he would take a third of the check if he has to use his bank account?
No it was over the phone
Did you record the phone conversation where your attorney mentioned taking a third of the check? It could be useful for evidence.
I had thought about emailing him and asking him why so i would have a response in email do u think i should do that?
Yes, it's a good idea to have written communication for record. However, before doing so, you may want to consult with another attorney to understand your rights and options.
No i did not
What is the name and location of the bank that issued the check?
Jpmorgan chase
What is the location of the JPMorgan Chase branch where you tried to cash the check?
Well i called the closest one to ne which is an hour away in traverse city and they told me we both would have to be present and have * forns of id to cash it
What is the name of the attorney's bank where he suggested cashing the check?
I dont know the name of his bank he only said if he had rto use his bank hed take a third
Did your attorney provide any reason for wanting to take a third of the check if he uses his bank?
He said something of the affect to he had to get paid too but i didnt really understand what he said. He was being very rude when i talked to him which caught me off gaurd because he and his staff have always been very nice and polite to me
What is the name and location of the bank where you tried to deposit the check?
Ive tried several ive also started alot of accounts to try to cash or deposit it. Ive tried chime go2bank hunington. Ive tried my paypal my cash app mu credit karma card ive also went to walmart and miejers
What was the response from these banks and institutions when you tried to deposit the check?
They all said we both had to be present
What was the date of the accident and when did you hire your attorney?
The accident was march 18th i hired Jalal in may i believe
What is the nature of the accident and the extent of your injuries?
It was a car accident where the other car ran a stop sign and turned and hit us head on i was a passenger but the car was insured in my name and the lost wages is from my insurance ive got back hip and knee injury
What is the current status of your claim against the at-fault driver's insurance?
Its still in limbo
What steps have you taken so far in your claim against the at-fault driver's insurance?
Im not sure what u mean
What actions have been taken by your attorney towards resolving your claim against the at-fault driver's insurance?
Ive been doin everything the dr has asked me to do as far as mri cat scan xrays physical therapy etc and i always keep jalals office updated
What is the current status of your claim with the at-fault driver's insurance company?
I do not know
Have you received any communication from the at-fault driver's insurance company regarding your claim?
No
No
No i have not heard from the at fault drivers insurance
?????
I cant type it any clearer
Omg what a waste of my time