The Shoulder
The Shoulder
65
Legal questionsclear-beaver-261

Lawyer got our settlement months ago and never told us — is this normal??

I'm genuinely shaken writing this and need to know if other people have gone through something like this.

Back story: my brother was doored by a delivery truck while cycling to his job last spring. It was brutal — broken ribs, a collapsed lung, shattered collarbone, and severe road rash across most of his right side. He spent almost three weeks inpatient and has been in PT ever since. His medical bills have stacked up way beyond what the at-fault driver's policy can actually cover.

We hired a PI attorney pretty quickly because we had no idea how to handle any of this. At first things felt okay — someone picked up the phone, we got a retainer signed, whatever. But then it just... went quiet.

Here's what's been eating at me: my brother got access to the law firm's client portal last month and we noticed something that looked like a settlement deposit — received weeks ago. Nobody called us. Nobody emailed. Nothing. We only saw it because he happened to log in looking for an old document.

Since then I've left four voicemails and sent two emails. The assistant finally replied and said an attorney would "follow up shortly." That was eleven days ago.

Meanwhile, I'm the one who's been chasing down every EOB, every itemized hospital bill, every coordination-of-benefits letter from his health insurer. I basically did the document legwork myself because the office kept saying they needed it "directly from us."

Is it legal for a firm to receive settlement funds and just... sit on that information? What are my brother's rights here? Do we need to fire them and start over? We're exhausted and he still can't work full time.

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10 replies

  • 18
    steady-marmot-242

    So ethically and in most states, attorneys are required to notify clients promptly — and I mean promptly — when settlement funds are received into their trust account. That's not just a courtesy, it's typically a professional conduct rule. Your brother should send a formal written request (email is fine, keep a copy) asking for a full accounting of any funds received, when they were received, and the current status of disbursement. That paper trail matters. If they continue to stonewall, he can look up his state bar's client complaint process — most bars take trust account issues seriously.

  • 18
    humble-wolf-344

    Not legal advice, but I'll say this: what you're describing — funds sitting in a trust account with no client notification — raises real ethical flags in virtually every jurisdiction. Your brother has the right to a written accounting and to understand exactly what was settled, for how much, and what deductions are being taken before any disbursement. If communication has broken down this badly, a free consult with a different attorney about potentially substituting counsel is worth considering. It's more common than people think and doesn't have to blow up the case.

  • 18
    humble-seal-913

    Quick question — are you certain what you saw in the portal was actually a settled and deposited amount, and not just like a demand figure or an internal note? I'm not doubting you, I just want to make sure before escalating. Sometimes those portals show draft numbers or negotiation records that look like deposits. Worth clarifying exactly what the entry said before you go full confrontation mode with the firm.

  • 17
    curious-bison-829

    Oh my god, this is almost exactly what happened to me after my accident two years ago. I found out my lawyer had cashed the check through the portal too — total accident. When I finally got someone on the phone they acted like it was totally routine and I just "hadn't been notified yet." It is NOT routine. You have every right to know the moment funds land in that trust account. Don't let them make you feel like you're overreacting.

  • 17
    quick-marmot-389

    From the carrier side — once we cut a check to a represented claimant's attorney, our file closes. We consider it done. The attorney's office is 100% responsible for everything after that point. So if funds are sitting there and you're not being told, that's entirely on the firm, not the insurance company. Just want to make that clear because sometimes people think they can call the adjuster and sort it out. You can't — it's out of their hands now.

    • 7
      steady-wanderer285

      Going through something similar right now. Did following up actually move the needle for you?

  • 15
    careful-otter-566

    The firm may have already accepted a policy-limits offer without fully looping you in on what that means for the remaining bills. If the medical costs blow past that cap — which it sounds like they do — there are other avenues like underinsured motorist coverage that need to be chased down. Make sure you're asking specifically whether UIM was explored. Don't assume the attorney handled it.

    • 3
      tired-parent135

      Thanks for sharing. Hope things are getting a little easier for you.

  • 8
    genuine-lynx-559

    Send one more email today, subject line: "Written Request for Trust Account Accounting — [Brother's Full Name] — [Case Reference Number]." Keep it short and factual, no emotion. Give them five business days to respond in writing. If nothing, file a bar complaint and consult a new attorney in parallel. You're not being dramatic — this is their job.

    • 11
      mellow-grouse-942

      I just want to acknowledge how exhausting this is on top of everything else. Your brother is recovering from a serious chest and shoulder injury, you're managing his documents and bills, AND you're chasing down a law firm. That's an enormous emotional load. Please make sure someone is taking care of you in this too. The legal stuff will eventually resolve — burnout is sneaky and it hits caregivers hard.