Legal Question in Personal Injury in Arizona

Fraud:

1. I hired an attorney to handle an accident case

2. I went to to all my medical scheduled appts

3. I met/talked with the Attorney / Aid must of been 10-12 times

4. I was medically released, I sat with the Attorney in her office and she stated the plan for getting

a settlement from the Insurance copany

5. The Attorney reached a Final settlement with the Insurance company

*** At this time the Attorney informed me of the duty to do a government check , taxes, child support, etc. and the moneys would be taken from the settlement..

(Fraud: When a person has a duty to speak, silence may be treated as a false statement. This can arise if a party who has knowledge of a fact fails to disclose it to another party who is justified in assuming its nonexistence. For example, if a real estate agent fails to disclose that a home is built on a toxic waste dump, the omission may be regarded as a fraudulent statement. Even if the agent does not know of the dump, the omission may be considered fraudulent. This is constructive fraud, and it is usually inferred when a party is a fiduciary and has a duty to know of, and disclose, particular facts.

All states maintain a general criminal statute designed to punish fraud. In Arizona, the statute is called the fraudulent scheme and artifice statute. It reads, in pertinent part, that "[a]ny person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions" is guilty of a felony (Ariz. Rev. Stat. Ann. � 13-2310(A)).

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