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4 Comments
You approved the settlement and signed the settlement statement. Your lawyer is being MORE than fair by offering to go halvsies with you. Clients have responsibilities too.
Threatening to go to the bar association will do nothing. There is no ethical issue here.
Leave him a message that you are filing a complaint with the BAR association if you do not hear from him within 48 hours, then follow through on that threat.
If you settled the case, you can’t go against the defendant again. It’s not his problem if your lawyer goofed. You signed something saying “it’s over” and agreeing not to sue for more. Whether you deposited the check is irrelevant. If you think your lawyer made a mistake and it made a big difference, your remedy is to sue him for malpractice.
As far as who is at fault, it’s hard to say from the facts you gave me. The lawyer writes to all the health care providers you tell him about. If you forget to tell him about one, he never gets their records. If the health care provider forgets to zerox some pages, he never gets them.
This mistake may or may not make a difference I don’t know what kind of case this is (car accident, workmen’s comp) but in most cases it is not automatic that you get the amount of all your bills. The lawyers from both sides negotiate a deal based on the anount of medical bills, the amount of insurance, and their estimate of what would happen at trial. If the insurance policy were no higher then the settlement amount, a few thosand more in bills would make no difference in outcome.
Are you happy with the overall amount of the settlement?
This is entirely between you and your attorney. The case is settled so the defendant is out of it. Not cashing your check isn’t doing you any good.
Your lawyer screwed up by not including the MRI bills in the settlement and should bear some responsibility. However, you also bear some responsibility. You pay the lawer to represent you and navigate the legal system, but it is still ultimately YOUR case and you need to take an active role in making sure everything is there before you sign the settlement. I don’t care how good the lawyer is or how much I’m paying him – I’m still going to look over everything because it’s my money we’re talking about.
The lawyer is being generous by offering to pay for half the bills so I would take him up on that. You could contact the bar if you really feel motivated to but there’s really no malpractice here. He was sloppy but you should’ve been paying attention too.