Legal Question in Civil Litigation in California

I recently received settlement funds from lawyer. There was a deduction for $40K I was not aware of and did not sign an agreement for this amount. There were a few other deductions as well, but not nearly as much as this, and her fee had already been taken as well. Unfortunately I did not know what to do or say. I'm 85 years old and trusted my lawyer to be straight up with me, but I feel duped. She also tried to hide what the charge was for by making it very difficult to obtain an accounting statement.

Aren't charges taken from client's settlement supposed to be in writing? Is there any recourse now? Your advice would be appreciated! Thank you.


Asked on 8/26/11, 4:25 pm

4 Answers from Attorneys

You don't provide enough information to really give you any concrete answer. If the lawyer will not provide you a clear explanation of all the fees and charges against your settlement to your satisfaction, I suggest you contact your local county bar association. Every county bar operates an attorney/client fee arbitration program that every lawyer must by law participate in if the client requests it.

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Answered on 8/26/11, 4:44 pm
Terry A. Nelson Nelson & Lawless

You need to demand a written explanation of exactly how, where and to whom ALL settlement funds went, how they were computed, and what authorization there was for each expenditure. Your written retainer agreement with the attorney is supposed to clearly specify all the terms about how the fees and costs are computed. The attorney's closing letter should have clearly explained what the amounts were for. I can't speculate about this, but it is possible that a medical or other type of lien was paid, but not adequately explained to you.

If you have already tried doing so, or if you can't get answers that satisfy you that funds were properly handled, then you could consult with an attorney to review the documents you have, to see if there appears to be any mishandling of the money. If so, the attorney can discuss what remedies you have.

If you or the attorney you consult believes there appears to be any misconduct or mishandling, then you could contact the State Bar to request help and intervention on your behalf. You might also have grounds for lawsuit, depending upon the facts.

If serious about doing this, feel free to contact me.

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Answered on 8/26/11, 5:01 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Nelson. You need a written description of the disbursement that accounts for all of the money from the settlement.

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Answered on 8/26/11, 5:14 pm
Herb Fox Law Office of Herb Fox

I am sorry to hear about these questions about your attorney. There may be a simple explanation - most attorneys are honest - or a troubling explanation, and it is impossible for me to tell from the information your have provided There is no question, however, that you are entitled to a full written accounting of all of the settlement proceeds.

I have handled many disputes between clients and their attorneys over billing issues, both as an advocate for the client and as a fee dispute arbitrator,.

I would be happy to discuss your situation and review your documentation at no charge. Please call my office at 805-899-4777 or by email at [email protected] if you wish to do so.

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Answered on 8/26/11, 6:29 pm


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