Legal Question in Legal Ethics in New York

My soon-to-be-ex-wife's attorney volunteered to act as an escrow agent for some funds that were to be held during our divorce. A portion was to be returned to me, and a portion to her upon her moving out of the common residence, and the amount to be returned to me and given to her was to be determined by the date of her moving out (ie. the later the date, the more would be returned to me). The financial settlement states that the escrow funds should be divided and paid upon my lawyer confirming my almost-ex-wife had moved out.

This confirmation given almost 2 months ago, and while there is some disagreement about the date of her moving out. Is this an ethics violation on the part of the lawyer? and can he be held accountable for this?

There is some disagreement over the date of my nearly-ex-wife's move (I claim she moved out when I actually got the key back and the last of her stuff moved out, she claims she moved out the day after last night she slept in the house), but given this is a matter of 3 days difference, the amount it would change the escrow funds to be remitted would be small. Is this reason enough to hold up the remittance of the escrow funds (which were supposed to be paid back to me months ago!)? I should also note the lawyer in question has made no attempt to resolve this issue, leaving me to chase up getting the money from him.


Asked on 6/24/10, 10:58 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Generally, if there is a disagreement concerning the escrow, the escrow agent may withhold the money.

However, the three days difference is minimal. Therefore, I think you should give in on that time difference and immediately demand payment of the money. If the attorney / escrow agent still refuses, I would file an ethical grievance with the local bar association.

Mike.

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Answered on 6/25/10, 5:27 am


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