Legal Ethics Opinion No. 1413 Attorney Breaching Contract to Pay Medical Bills Out of Settlement Proceeds You have presented a hypothetical situation in which personal injury client [Client] entered into an agreement with Medical Group authorizing Lawyer to pay directly to Medical Group sums due and owing for medical services rendered, and to withhold such sums from any settlement, judgment, or verdict as may be necessary to adequately protect Medical Group. Client also agreed to give a lien on his case to Medical Group against any and all proceeds of any settlement, judgment, or verdict which may be paid to Lawyer or Client as a result of the injuries for which he had been treated. Furthermore, Client agreed to be directly and fully responsible to Medical Group for all medical bills submitted for services rendered, and also agreed that payment was not contingent on any settlement, judgment, or verdict by which he might eventually recover such fee. Lawyer signed his name below language in the Agreement which stated that he agreed to observe all terms of the Agreement between Client and Medical Group and that he specifically agreed to withhold such sums from any settlement, judgment, or verdict as might be necessary to protect Medical Group. Lawyer subsequently received a settlement on Client's personal injury claim. Although Lawyer had received a bill from Medical Group, he did not pay any of the settlement proceeds to Medical Group. Instead, Lawyer paid Medical Group's portion directly to Client who said he was having financial difficulties and preferred to pay Medical Group directly. You indicate that, ultimately, Client did not pay any portion of the proceeds to Medical Group as payment of their bill. You have asked the committee to opine whether, under the facts of the inquiry, it was improper for Lawyer to pay over the settlement proceeds to Client, rather than to Medical Group, when Lawyer had agreed to pay Medical Group directly for services rendered and to withhold such sums from any settlement as might be necessary to protect the medical group. The committee is of the opinion that the question you raise requires a legal determination beyond the its purview. Since the committee believes that determination of the ownership of the funds is by nature a contractual matter, the resolution of which must be made preliminary to any disbursement, the committee is of the further opinion that DR 9-102(B)(4), regarding a lawyer's prompt payment of funds in his possession to clients or others, is not applicable to the facts presented since it addresses only the preservation of a client's funds. Committee Opinion January 10, 1992
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