How do I get the settlement cheque and not the lawyer?

T.C wrote:

Can I assume from the fact that you refer to $ and not Â? you are in the USA and not the UK?

Here in the UK, the majority of claim settlements are paid direct to the client on settlement, although it does accasionaly happen that the solicitors are paid who in turn then pay their client once the cheque has cleared.

The USA has a different system, so I am unable to make comment on your situation, you would be better advised to go to a forum that specialises in American civil law.

Thank you kindly for your response.  I live in Canada and my understanding is that the cheque go's to the policy holder as well.  but my attorney insists the cheques usually go there and they than pay it out. 

He's been shady and I am willing to hold my end of the agreement but he's got me to sign a direction to pay in trust originally to 2 different medical clinics that he controls originally by telling me the insurance wants to give me nothing and everything to my medical. 

Which once I saw the release was a lie.  It was $15,000 all inclusive of all claim entities.  The insurance company seems to be protecting me more so than him.

He's trying to gobble up the whole amount originally and once I caught on because the insurance refused the release I first signed because he altered it from the original state.  All the truth came out and then he negotiated fairly and had a new direction signed by me to pay just him and me and not all these clinics for future medical.

So I signed a new release weeks ago and I call the lawyer office and they said the insurance did not send the check yet but approved the release.  I'm worried that he's going to use the first direction to pay and act like he never saw the 2nd one which was why I re-signed the release because it was fair.

If he gets the check, he may hold it in trust and distribute it according to the first direction to pay he finagled me into signing.

The check should be paid to me as per the release but if he gets it sent to his office he may cash it without my endorsement and may be able to because of the direction to pay I signed.

Do you think he can do this?  Would he be able to do that in the UK.  the laws in Canada are typically similar.

My attorney seems to be very shady and has first told me they only wanted to pay the medical clinic which he also owns and he wants his 33% attorney fees.  He's saying that all the insurance wanted to give the money for.  Nothing to me but he'll give me $3,500.

Thanks for wriintg such an easy-to-understand article on this topic.