How long to process payment?

[ericsbracer]

What is the name of your state?What is the name of your state? CA

My breach of warrantee case was settled in mediation in July of 2003 - 4 yearly payments, each due on August 1st. Based on the fees, charges, etc. this is the first year I will be receiving any payments. How long does my attorney have to process the defendants payment and send me my share, or inform me if the defendant has not followed the settlement agreement?

Thank You,

 

[seniorjudge]

Q: How long does my attorney have to process the defendants payment and send me my share, or inform me if the defendant has not followed the settlement agreement?

A: Within a reasonable time, which to me is one business day but to some other people it would be five business days. There is no hard and fast rule; "reasonableness" is the yardstick.

It's called "due diligence". For example:

California Practice Handbook: Attorney Ethics, §2.05 (Matthew Bender 1993).

Rule 3-110(A) states that "[a] member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence." Competence is defined as the application (i.e., not just the possession) of diligence, learning and skill, and the mental, emotional and physical ability reasonably necessary to the representation. Rule 3-110(B). A client cannot waive the duty of an attorney to practice competently. Los Angeles County Bar Association Formal Opinion No. 471.1

http://www.sdcba.org/ethics/ethicsopinion95-1.html

 

[ericsbracer]

It would appear, considering todays date, that my attorney's definition of 'reasonable' differs from yours.

Thank you for your reply, as well as the additional information.

 

[seniorjudge]

Camp out in your lawyers office.

Observe all safety rules and dispose of waste properly.

Make sure that your campfire is fully extinguished before retiring for the night.

Do not feed the bears.

 

[ericsbracer]

Will Do!

Thanks!!

 

[ericsbracer]

So I called, and the check was accidently forgotten about in the controllers in basket.. It was mailed that day and received the next...

but the check was for the wrong amount... here's a post I made back in February: https://forum.freeadvice.com/showthread.php?t=226173

Guess what - the check I received on Friday is wrong by the amount of the check I referenced in the above mentioned post...and I do have another letter from my attorney (dated Feb. of this year) that confirms the correct amount I should have received.

So - even IF this corrected "in a timely manner" - is there some other recourse available? I have the final payment coming next year and I'd really like to avoid this sort of game playing if I can....

Thanks