How long can my lawyer hold my settlement check?
Your attorney must disburse your share within a reasonable time after the settlement funds clear, and must hold them in a trust account until then. In practice a few weeks is normal; several months without explanation is not.
The delay is usually legitimate. The check has to clear, liens have to be identified and negotiated, and a provider who has not responded can hold up the whole distribution.
You are entitled to ask for a written settlement statement and a status update at any point. A firm that will not give you either has a problem.
This waiting period is exactly what post-settlement funding exists for. At 15% per six-month period, and with half of these advances repaid within 66 days, a short bridge is usually inexpensive.
If you believe funds are being held improperly, your state bar has a process for that.
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