What Should I Do If My Attorney Cashed My Insurance Check Without Permission?

Question from Matt, What Should I Do If My Attorney Cashed My Insurance Check Without Permission?

Answer from AI:

If your attorney cashed your insurance check without your permission, this is a serious issue that may involve legal malpractice, fraud, and ethical violations. Here are the steps you should consider taking:

1. Understand the Situation

First, it’s important to understand the details of what happened:

• Your insurance company sent a check for your totaled car to your first attorney.
• Your first attorney cashed the check without informing you and without your permission.
• The check was for a significant amount of money ($12,000).

2. Contact Your First Attorney

Before taking any legal action, you might want to contact your first attorney to request an explanation and demand the return of your funds. However, given the severity of the situation, this step might not be sufficient.

3. Report to the State Bar Association

If your attorney has acted unethically or illegally, you should report them to your state’s bar association. Attorneys are required to adhere to strict ethical guidelines, and the bar association can investigate and take disciplinary action if necessary.

How to File a Complaint

1. Find your state’s bar association website. For example, the American Bar Association provides links to state bar associations.
2. Look for the section on filing a complaint against an attorney.
3. Follow the instructions to submit your complaint, including providing all relevant details and documentation.

4. Consult with Your New Attorney

Since you have already hired a new attorney, you should discuss this issue with them. They can provide you with specific legal advice and help you take the necessary steps to recover your funds and address any legal violations by your first attorney.

5. Consider Legal Action

If your first attorney does not return the funds, you may need to take legal action. This could involve:

• Filing a lawsuit for conversion (wrongful possession of your property).
• Seeking damages for any financial harm caused by their actions.

Your new attorney can guide you through this process and help you determine the best course of action.

6. Notify Your Insurance Company

Inform your insurance company about the situation. They may need to be involved in any legal proceedings, and they should be aware that the check was cashed without your permission.

7. Keep Detailed Records

Throughout this process, keep detailed records of all communications, documents, and actions taken. This will be important for any legal proceedings and for your own reference.

When to Seek Legal Advice

Given the complexity and seriousness of this situation, it is crucial to seek legal advice from a qualified attorney. They can provide personalized guidance based on the specifics of your case and help you navigate the legal system.

Resources

For more information on legal malpractice and how to file a complaint, you can visit:

• American Bar Association – Client Rights and Responsibilities
• Nolo – Legal Malpractice Basics

Remember, while this guide provides general information, it is not a substitute for professional legal advice. Always consult with a legal professional for advice tailored to your specific situation.