When a Bensenville man contacted NBC 5 Responds to say he had been "ghosted" by an attorney who owed him thousands of dollars, we began investigating.
Back in February of 2021, an auto accident temporarily derailed Luis Lopez’s retirement.
“I had suffered some neck injury, and also a little back injury,” said Lopez, who recalled the crash happened while he was driving his daughter to work during a snow storm.
The retired CTA driver hired Chicago-based personal injury attorney Michael A. Hume, with Cary J. Wintroub & Associates. He wanted Hume to go after his insurance company.
“[Hume] came back with an offer, which I disagreed with. It was like a $7,000 offer,” said Lopez. “I was disagreeing with him a lot, you know, and he told me that he can see what he can do.”
Lopez says he and Hume went back and forth about the settlement for about a year.
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SURPRISE SETTLEMENT
In July, Lopez still hadn’t agreed to a settlement when he got an unexpected letter from the Centers for Medicare & Medicaid services or CMS. They stated Lopez did not have any liens on his settlement. He called them immediately.
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“The gentleman on the other side of the phone said the case was settled back in February. And that on March 21, I received a check for $22,500. I asked him, ‘Well, where did you get that information from?’ He goes, ‘From the insurance company, they sent us all the paperwork,’” Lopez said.
Lopez was surprised. He learned his case settled five months prior, though he never consented and certainly did not get a check for $22,500.
He sent a copy of that letter to Hume. He said Hume thanked him and said he'd be in touch to finalize the settlement.
“He stated that he needed this letter to settle the case,” said Lopez.
“HE WOULDN'T ANSWER MY CALLS”
Several more months passed and Lopez said he received no word from his attorney.
“When we last spoke was in July,” said Lopez. “He wouldn't talk to me, he wouldn't answer my calls. This firm should be investigated, or this attorney should be investigated.
Lopez said the money wasn't even for him.
“Well, I have a grandson. My grandson he's sick. He has cerebral palsy,” said Lopez. “I don't need the money. The money is for my daughter and help her in every which way I can.”
SETTLEMENT ACCEPTED WITHOUT APPROVAL
Lopez said he was surprised Hume could accept a settlement on his behalf without approving it with him first.
“My understanding is, he needs some form of document me to sign to accept that settlement,” said Lopez.
Attorney Sari Montgomery is a former prosecutor with the Illinois Attorney Registration and Disciplinary Commission or ARDC. Now, she represents attorneys who are facing disciplinary action. She’s not involved in Lopez's case, but in her opinion, Lopez’s story raises several serious ethical concerns.
“In a case where a lawyer hasn't gotten the client's authority to settle and has ostensibly settled the case, without the client's authority, there can be some malpractice implications to that. The attorney is obligated to get their clients' consent to any settlement,” said Montgomery.
If a client signs over power of attorney to their attorney, verbal consent to accept a settlement could be sufficient. But Lopez insists he was never even told about the settlement amount or offer.
NBC 5 RESPONDS GETS IMMEDIATE RESULTS
Back in Bensenville, just a few minutes after we reached out to Hume, Lopez got a call.
“All of a sudden, the settlement appeared. [Hume] said that Channel 5, he got an email from Channel 5, that he was kind of, like, worried about that. Everything was settled within less than 24 hours of you contacting him. He even gave me more than he said he was gonna give me,” said Lopez.
Lopez was told he got a $22,500 settlement. The total settlement was $47,500- and after fees and medical costs, Lopez received $25,000.
“It jumped all the way to $25,000 in my favor,” said Lopez.
According to a breakdown of the settlement, Hume still charged Lopez $12,597 in attorney fees.
LEGAL ETHICS
The extra few thousand dollars Lopez received from Hume raised questions with Montgomery.
“The lawyer can't offer to settle the case with the client, and say, ‘Well, I'm sorry that I … settled this case, but I'll give you some extra money instead, or in addition.’ That's trying to settle a potential claim that the client might have against the lawyer. Just straight offering to pay the client extra money is not permitted,” said Montgomery.
Montgomery suggests anyone in a similar situation reach out to their insurance company to find out what the actual settlement amount is, if they have doubts about what they’re owed.
We reached out to Hume about Lopez’s case. In an email, Hume told NBC 5 Respond "based on attorney-client privilege, we are unable to respond."
Lopez has since filed a complaint against Hume with the ARDC. Hume has no public disciplinary record with the ARDC.
“If it was found to be true that the lawyer accepted a settlement without the client's authority, that they signed the client's name to settlement documents without authority, and certainly if they misappropriated any of the client funds, any or all of those would certainly be grounds for discipline in Illinois,” said Montgomery.
Lopez now has his money, but he still has questions.
“Why did you take so long? Why were you holding this money? There's something fishy about that,” said Lopez.
Meanwhile, Lopez wasted no time using that money to help his grandson get the best medical treatment available.
“He spent his birthday yesterday at the hospital. So we're trying to fly him to Philadelphia to see a specialist. This money will help,” said Lopez. "It wasn't about the money. You know, about the respect, respect to clients, respect to people.”
WHERE TO FIND DISCIPLINARY RECORDS, OR SUBMIT A COMPLAINT ABOUT YOUR ATTORNEY
If you have questions about your rights after you hire an attorney, have a complaint about an attorney, or wish to view past disciplinary records, visit https://www.iardc.org/.
“I think that there is accountability. Sometimes it's slow. And sometimes it isn't exactly what the client would want it to be. But there is accountability in the legal profession. I know that's a big misperception out there that there isn't, but there is,” said Montgomery.
