At the firm, files are kept transparent. This is so that the client has an idea of what is going on. Obviously a client can call at any time and receive a a response. The law firm also believes it is a client’s right to see their file. Clients can always come in to see their file. Transparency with the clients is particularly important to Drucker Law Offices.
Generally, when a case resolves, the settlement check is issued to the client, their spouse, and to the law firm. I then have the client and the spouse sign/endorse the settlement check. At this point, I deposit the check in my trust or escrow account. It is important to understand that an attorney trust account is an account where the lawyer must keep balanced. This escrow account is to only be used for the client’s money per the client’s direction. Thus, a closing statement is required to be signed by the client before a client receives their portion of the settlement from the attorney or for any of the medical providers to be paid or for the lawyer to receive their fee. In other words, the lawyer cannot use the client’s money for another client’s case and the client can only disburse monies upon a written closing statement permitted said disbursement.
Now, while the settlement proceeds are coming from the lawyer’s trust account, the source of those monies are sent via a settlement check. Usually the client signs the check although in some instances, like if the client lives out of state or far from the office or the client works during the hours of the law firm, the client will sign a power of attorney. After the power of attorney is signed, the lawyer can sign the settlement draft for the client. In those instances, the client is generally mailed a copy of the settlement draft from the insurance company. This verification is done so that they can see the check that was endorsed by the law firm.
Again, the settlement check is generally issued to the client, their spouse if any, and the law firm. After the check is endorsed, the check is deposited into the law firm’s escrow account. Thereafter, the client receives their check from the law firm and the check is the amount listed as going to the client per the closing statement signed by the client.
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is based on Florida law and the laws of any other state could vary significantly from Florida.
If you or a loved one has been in an accident, please call Drucker Law Offices for a free consultation. A contingency fee contract is offered which means fees are only charges if money is recovered for you. The firms phone number is (561)-483-9199 in Palm Beach County, (954)-755-2120 in Broward County and (305)-981-1561 in Miami-Dade County.
