Legal Question in Personal Injury in Massachusetts

I got in a car accident in 2009 and won my case. I sued the driver and also went through my mother's boyfriends insurance since he lived with us. My lawyer gave me a check for a portion of the money and still owed me $20,000. He sent me a check which I deposited and come to find out the check gets returned due to insufficient funds. I informed him about it 3weeks ago and he sends me $3,000. I have incurred fees from the bank about this whole situation and He just seems to be blowing me off. What should I do. And also i would think this was a simple mistake but I know him personally he dates a friend of mines aunt so I've come to find out he has a drug problem and a problem with prostitures.

Asked on 7/23/10, 8:51 am

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Your settlement funds should have been paid to you through an attorney client funds account, which is not allowed to have insufficient funds. As a result, he may have spent your money, and violated strict client trust account rules. Tell him you want everything you are due immediately, plus whatever amounts extra you have incurred ass a result (such as bank fees), or you will report this serious issue to the Board of Bar Overseers. If he doesn't comply, it probably means he simply no longer has your funds, which is a very serious violation the BBO needs to know about.

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Answered on 7/23/10, 12:55 pm

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