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#1 | |
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Gramps 4x's
Join Date: Oct 2008
First Name: Horatio Seymore Hiny
Location: Boca Raton - North of La Habana
Posts: 8,774
Trading: (8)
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Quote:
![]() First, I would get the documents in hand. Don't file with the bar until you have that. Your new lawyer should be able to secure a copy of the executed release from the carrier involved. Second, where did the check go? Would have gone to his name and yours. Should have been signed by you and then deposited into their escrow account for disbursement to them for fees and your share. Perhaps you can stop the process with the carrier if the check has yet to be cut.
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Little known fact: I am a former member of the Village People - The Indian |
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#2 | |
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Captain Cannoli
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Quote:
i smell a lawsuit
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"One fart can foul the air for everyone" - Esteemed philosopher "If avoiding the nasty $hit is being a snob, them I am guilty as charged."- Same esteemed philosopher. |
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#4 |
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Have My Own Room
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Most states have a board of professional responsiblities. This is the place to start if FL has one. This guy will lose his license to practice law if he did this. What an idiot. Good luck!
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#5 | |
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Gramps 4x's
Join Date: Oct 2008
First Name: Horatio Seymore Hiny
Location: Boca Raton - North of La Habana
Posts: 8,774
Trading: (8)
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Quote:
Not a lawyer but never saw that in all my years of BI handling for a major carrier. I would think the attorney was compelled to convey all offers to his client?
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Little known fact: I am a former member of the Village People - The Indian |
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#6 |
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Gramps 4x's
Join Date: Oct 2008
First Name: Horatio Seymore Hiny
Location: Boca Raton - North of La Habana
Posts: 8,774
Trading: (8)
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BTW,
Of utmost importance, even if a document was signed up front, authorizing such a settlement at the attorney's discretion, if said settlement came after being notified he was being replaced, I believe counsel has himself an ethical problem as that initial document would no longer apply. At that juncture, he should have placed a lien for his services via the carriers involved and notified the new counsel. P.S. I am not an attorney but I did stay at a Holiday Inn Select (couldn't resist).
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Little known fact: I am a former member of the Village People - The Indian Last edited by Blueface; 01-22-2009 at 11:34 AM. |
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#7 |
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Gramps 4x's
Join Date: Oct 2008
First Name: Horatio Seymore Hiny
Location: Boca Raton - North of La Habana
Posts: 8,774
Trading: (8)
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One last thing.
For now, hypothetically: If it is ultimately determined this was a wrongful act (as it is yet to be determined pending documents, etc,), aside from Bar issues, counsel will also potentially have himself some issues with the Florida Fraud Statute as it entails insurance fraud. That is handled by the Florida Department of Financial Services, Fraud Division. If he for some reason is a player under some other investigations, this will not be nice for him. Best to let your new counsel handle this for you.
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Little known fact: I am a former member of the Village People - The Indian |
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#8 | |
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Rider on the storm.
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WARNING: I am a Southern White Male. I have a brain and I know how to use it. |
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