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  1. #1
    Join Date
    Jun 2022
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    41

    Default Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    Is there a stay on the insurance company sending a settlement check if the lawyer continues asking for re-hearings for fees? How long can they appeal? this is getting out of hand.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    It's hard to comment - according to your previous posts you had a final hearing, everything was settled - then you ask how many times can an attorney ask for a re-hearing.
    You lost me long ago, I have no idea of what your attorney's doing or the status of your claim.

    Once the case is settled - that's it.
    They don't hold up your money pending an attorney appealing his or her fees.
    If at a later date the attorney is awarded additional fees she can come after you for them.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Jun 2022
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    41

    Default Re: Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    Thank you, I haven't received my settlement check yet and it was settled over a month ago. The insurance held up sending the check because my lawyer kept asking for rehearing to get more fees. I looked on line at the Comar that was posted here and I don't really understand the legal language, but found out that STAY means halt. So based on that I should have received my check and she could have fought for it afterwards. Her last email did say she would appeal it again and I would have to pay her directly at that time. But I am still waiting for the check.

    Based on that, is there anything I can do because they haven't sent it to me yet? I just emailed her and said are you going to ask for penalties for them not paying me all of this time? Haven't heard yet

    I just received the check and a letter from my attorney, and she is filing another appeal in circuit court and said I would have to pay her back at that time. Never in a million years did I think the worst part of a case was the attorney trying to swindle me. Horrible!

  4. #4
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    I haven't received my settlement check yet and it was settled over a month ago. The insurance held up sending the check because my lawyer kept asking for rehearing to get more fees.
    I just received the check and a letter from my attorney, and she is filing another appeal in circuit court
    This is what's confusing me, you keep contradicting yourself - so you did get your check.
    Also, you said your attorney was contacting the Attorney General, now you're saying she's appealing to the Circuit Court.

    my attorney, and she is filing another appeal in circuit court and said I would have to pay her back at that time.
    You're saying that after my last post when I said they don't hold your settlement check pending an attorney filing an appeal for fees - if she prevails she can come after you later for the excess amount.

    It's impossible to respond when the facts change with each post or after my response. - start making sense or I'll start deleting your postings.
    This game's gone far enough.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Jun 2022
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    41

    Default Re: Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    I added the part of I just received the check yesterday afternoon when the mail came. The previous comments were in the morning. And YES it is all in letters. She sends me a letter almost daily. I just contacted another attorney who said this is unprofessional and my checks should not have been held this long and she is taking the case now to recover what I should have received long ago. Also she said to report to the bar association for unethical practice.

    Letter last week she was contacting the attorney general. This week she says the attorney general hasn't responded to her so she is filing in circuit court. Who knows what tomorrows letter will say, but it is most confusing to me, I thought it would be over.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    I added the part of I just received the check yesterday afternoon when the mail came.
    If you answered with the reply button., you could at least add "Update" before the updated statement so your post would make sense.

    I don't see where the post was edited - that post was made at the same time.
    Whenever you add to a post it will say edited at the bottom.
    See, I just added this to my post - look at the bottom, it says edited a few hours after my original post.

    Letter last week she was contacting the attorney general. This week she says the attorney general hasn't responded to her so she is filing in circuit court.
    Any attorney would know that from the get go - you don't appeal to the attorney general - that makes no sense.

    Tony
    Last edited by tony; 11-08-2022 at 01:53 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Jun 2022
    Posts
    41

    Default Re: Is There a Stay on Settlement Checks if Lawyer Has Appealed for Fees

    Sorry but my head is spinning from all of this. Anyway, If I could post pictures on here I definitely would to show everyone that my lawyer absolutely 100% said she contacted the attorney general and then said she didn't get a response back so she is taking it circuit court. I had no idea the attorney general was not something that wc lawyers would do until someone posted above that the AG doesn't work for disgruntled lawyers who don't get fees. I have a new attorney now who is asking commissioner for penalties for delay of payment

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