Where can I go for help, because my attorney won't give me my settlement.

I signed a contract for 30%. I have no problem with giving her that. However, she told me that she wants 40%, because she had to file a lawsuit. She did not file a lawsuit, the lawyer for my insurance company is the one who filed the lawsuit. He gave her copies of the lawsuit, and she put her name on his work. I punched in her bar # and she did not file that lawsuit. I spoke with the insurance lawyer and he knows what she has done. However he informed me that he is on the review board of the state bar. She has been holding my money for over a month. It's almost like if I don't give her 40%, she is not going to give me my money.

Las Vegas, NV -

Attorney Answers (2)

Sean Patrick Lewis

Sean Patrick Lewis

Business Attorney - Fresno, CA
Answered

Yeah, contact the state bar and let them help you, mainly in the fee dispute area. If a lawsuit was filed, you might have to pay the 40%. I'm somewhat surprised that the attorney hasn't cut you a check for the undisputed portion (the 60%), but a month might be a reasonable time to wait, depending on when they received the check, especially with a bit of disagreement with you about how much their disbursement ought to be.

Good luck.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
Richard Edmund Hawkins

Richard Edmund Hawkins

Business Attorney - Las Vegas, NV
Answered

It is unlikely that an attorney employed insurance company attorney actually filed anything. Do note that the searching on Clark County court records would need to improve to qualify as "horrible."

Anyway, your retainer agreement controls. If it provides an increased payment of 40% if a suit is filed, you need to pay her 40%. If it doesn't increase if a suit is filed, she can only ask for 30%.

The state bar has a fee dispute committee; there is no charge for this.

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