Legal Question in Legal Ethics in California

Re: steps to receiving my share of settlement

Let me explain the process. First, you must sign a release. You know that. Second, your attorney wants you to sign a power of attorney so he/she can deposit the check from the insurance company. The check comes as a two party check made out to you and your attorney. The attorney wants to speed up the process by having you sign a power of attorney. It is up to you if you do it. Some attorneys ask you to do it, and some do not. It depends on your situation. I have done it when a client is out of state or out of the country. However, I prefer to have the client sign the check. Once the check is deposited, your attorney should have you sign a disbursement sheet that tells you where every cent of the settlement is going.

As for paying back your HMO, that is complicated and depends on the type of plan you have, the plan requirements, and other factors, such as whether they have asked for reimbursement. You really need to discuss that with your attorney.