Did Not Receive Settlement $ from Attorney

[sdrie]

Thank you all for your advice. The main thing we need to know is what type of attorney do we hire? I'm not sure what area of law this falls under. Is it a civil matter now?

[/QUOTE]One more thing, you wrote that your "ex filed a suit against the hospital." Did your name appear on the lawsuit as a Plaintiff? Check the court file before you answer. It's a critical bit of information.[/QUOTE]

Yes my name was on the lawsuit. It also stated the pay out was supposed to be to both me (listed my full name) and my ex (listed her full name).

The settlement was $150,000.

Your ex's attorney is likely entitled to a portion of the settlement as well as any fees that would've been included in the retainer agreement. You would be entitled to whatever share of the proceeds that are netted after the attorney's fees and other costs.

We are completely fine with the attorney getting his deserved portion. The settlement was $150,000. We are also not meaning to imply the attorney did something wrong. We just want to know what type of attorney or branch of law this would fall under and if it is worth pursuing.

[Shadowbunny]

...... I am also thinking of filing suit against the the atty (which his professional liability will end up covering) and making a complaint to the state bar for extremely unethical behavior by this atty. I am beyond livid at this point with the whole situation.

....We are completely fine with the attorney getting his deserved portion. The settlement was $150,000. We are also not meaning to imply the attorney did something wrong. We just want to know what type of attorney or branch of law this would fall under and if it is worth pursuing.

First, my condolences on the loss of your daughter - can't imagine how horrific this has been for you.

Second, I'm glad to hear that you've changed your mind about wanting to sue the attorney, since you have no proof that he's done something wrong.

Lastly, no one here can tell you if it's worth pursuing, however, given that you said the settlement was $150k, once the attorney is paid his portion (1/3 isn't unusual), that leaves $100k. And that doesn't count expenses, including expert reports, depositions, etc.

But until you get a copy of the settlement docs and see how it was all to be paid, getting an attorney is premature. But IF you decide to get one, you just need someone to look over the settlement docs and perhaps get a final accounting from your your ex-wife's attorney. That's going to be a civil litigation attorney

[blandiya]

I can imagine several circumstances where it could be legal and it could be okay depending on the circumstances, which you and your husband appear to know little or nothing about.

Step one at this point is for you or your husband to visit the courthouse where the lawsuit was filed and get a complete copy of the case file, all of it, every page.

Once you have the file, come back to this thread to discuss.

Beyond that I agree with Mark47n's comments.

I'm pretty sure this is not legal or okay but what do we do?

Please help. Question from Texas

[PayrolGuy]

I'm pretty sure this is not legal or okay but what do we do?

Please help. Question from Texas

This is a six-month-old thread that doesn't involve you.

[pg1067]

This is a six-month-old thread that doesn't involve you.

While I understand that time has seemingly moved very slowly for the past few months, May was only two months ago, not six. ;-)

[PayrolGuy]

Well it was a pre-spammer so they will never see it.

[blandiya]

I'm pretty sure this is not legal or okay but what do we do?

Please help. Question from Texas

Step one at this point is for you or your husband to visit the courthouse where the lawsuit was filed and get a complete copy of the case file, all of it, every page. Kodi nox