Home > Research Legal Advice > Workers Compensation > How can i get my settlement if my lawyer keep all of it
Asked over 1 year ago - Rome, GA
Flagi found out through workers comp that my lawyer got 2 checks, 1 for me amd 1 for him in july,,now he has been arrested by GBI for a number of feloney charges. he has been givin me "loans" and that is all. done called Ga Bar,,what else can i do??
You should contact the Floyd County District Attorney's Office and explain the situation. The offending lawyer is probably facing criminal charges or could face additional charges from your situation and sometimes Judges will order restitution or make the lawyer pay you back as a condition of staying of out or minimizing jail time. You should also check with the State Board of Workers Compensation for remedies. Finally, you should consider hiring a lawyer to pursue your claim in civil court. This particular lawyer was punished in a published opinion by the Supreme Court with facts almost exactly the same as yours.
You can hire an attorney in your area to sue the attorney. If he has malpractice insurance coverage during the time that he represented you, then the insurance company will pay for your losses. I am terribly sorry that you got screwed over like this. Please ask around for references or referrals, when you look for the attorney. Good luck!
If you have not already done so, you should file a complaint with the Georgia State Bar (in writing, calling is probably not enough). Then, if a bunch of requirements is met, you might qualify for monetary reimbursement of at least part of the money from the Client Security Fund of the Georgia State Bar. This money is collected from all attorneys for the purpose of reimbursing clients who are victims of dishonest Georgia attorneys.
Here is the basic information from the Georgia Bar website:
"(a) The loss must be caused by the dishonest conduct of the lawyer and shall have arisen out of and by reason of a lawyer-client relationship, or a fiduciary relationship, between the lawyer and the claimant.
(b) As used in these Rules, "dishonest conduct" means wrongful acts committed by a lawyer in the nature of theft or embezzlement of money or the wrongful taking or conversion of money, property or other things of value.
(c) A complaint against the lawyer who caused or is alleged to have caused such loss shall have been filed with the State Disciplinary Board of the State Bar of Georgia and final disposition of such complaint has been made resulting in disciplinary action against the lawyer in the form of indefinite suspension, disbarment, or voluntary surrender of license.
(d) The claim shall be filed no later than two years after the date of final disciplinary action by the Supreme Court. In the event disciplinary action cannot be prosecuted due to the fact that the attorney is either deceased or cannot be located, the claim shall be filed no later than five years after the dishonest conduct was first discovered by the applicant; provided, however, the claim shall be filed no later than seven years after the dishonest conduct occurred. . . "
You can pursue all of these avenues of recovery suggested by my colleagues simultaneously and see which one(s) can help you.
The advice given here has been excellet. It is worth at least taqlking to another attorney who does workers' compensation in Georgia - if you never signed the settlement or checks, and your signature was forged, you may still have an open claim. Workers' comp would have to go after the attorney to get back the money he took from you.
Sorry to hear aboutb your experience - hope you turn the corner soon!!
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