If my attorney has recieved my settlement check in my name from a insurance company, is it legal to take the check: cash it myself and pay him with that? I ask this because I wanted to know the alternatives to him depositing it into his trust account.
Answer
Yes, but insurance companies normally make checks out to both the client and the attorney to prevent being caught in the middle of the dispute as to attorney fees to be paid. The check probably is made out to both of you. Also, there may be some medical liens that have to be paid out of the settlement so your attorney is not going to be willing to turn the entire check over to you without being sure that the liens and he/she is going to be paid [your giving the attorney at check at the same time you get the insurance check does not guarantee your personal check will not bounce].
Answer
It is probably legal, but your attorney isn't going to agree to it. You should read your attorney fee agreement. More than likely it was addressed there.
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