- December 6 2016
- | Personal Injury
Typically, if a client is settling a case, before the client gets a check, she has to sign a release, which releases all her rights to suing that defendant or their agent on this case.
The release is reviewed and goes through some edits on both sides. Then the client will sign it and that is normally exchanged for a check. My practice is to come to terms on the language of the release, agree to get my client to sign the release, and then get the check at this office with an agreement that we will not deposit the check until the release is signed, and a stipulation to the case is filed with the court. It’s at this point that the client will deposit the check.
The check requires the client’s signature on it. The check is made out to both us, as your lawyers, and to you, the client, and then it takes a certain period of time to clear our account.
The model rules of professional conduct in Nevada require that the check actually clear our account before we can issue it to the client. Consequently, it takes another 5 to 7 business days to clear the account before we can send the client their portion.