Legal Question in Civil Litigation in California

Denial of crucial records(check to client that client did not see or sign)
Client was involved in a malpractice case that was settled out of court through a settlement that was to be paid to her. She never saw the check or signed the check, so she requested a copy of the check. She has been refused. The check had 3 other people involved in the case's names on the check also, though she was the only one to receive money. All three supposedly signed the check, but she didn't. Is she entitled to see the check? If so, how does she go about getting a copy of it? Her attorney refuses to give her a copy. Thanks,

Lucky

Asked on 8/25/01, 9:21 am

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: Denial of crucial records(check to client that client did not see or sign)

There are at several options:

1. Report the incident to state bar. They should investigate and get the attention of the attorney.

2. You can sue the settling party to enforce the agreement.

3 Sue the settling party for fraud and the attorney and three other parties for conspiracy to commit fraud.

4. The person paying the settlement should provide a copy of the check.

There may be other options available that would come to mind if additional facts were known.

Answered on 9/04/01, 2:43 am

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