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Is it safe to sign a standard release form that acknowledges receipt of money, even though the money has not yet been received and the lawyer says he will send the check after mailing the signed form?

• I had an...interesting experience with a lawyer (I'll post the exchange below and keep the lawyer anonymous). The release form says regarding the money due for property damage, "receipt of which is hereby acknowledged," but the lawyer is going to send the check after we mail the signed release. It seems like this also goes against the last paragraph in this standard release form, which says, "AND THAT NO...AGREEMENT NOT EXPRESSLY CONTAINED HEREIN HAS BEEN MADE," since the form says nothing about payment occurring after signing. By acknowledging receipt of the money without having gotten it yet, am I ruining my chance of getting the money after sending the form? The lawyer says he will send the check after getting the mailed form. I won't include the release form because I included the only two points of contention above. Thanks for any help! Exchange: Attached hereto as a pdf document is a standard Release Form.  Please have your sister sign and date the form and mail it back to my office at the address at the bottom of this email. I shall then mail the check to her.   I have added the sum of xx to the repair estimate to cover the cost of a rental for five days at the rate of xx per day.  Body shops have arrangements with rental car agencies to provide cars at this rate.   Please acknowledge your receipt of this email.   Thank you - LawyerX Form received. I understand it's a standard release form, but it says regarding the money when signing: "receipt of which is hereby acknowledged" but you're sending it after receiving the release, so we can't acknowledge receipt. It also says: "AND THAT NO...AGREEMENT NOT EXPRESSLY CONTAINED HEREIN HAS BEEN MADE." Agreeing to receive the check after signing isn't contained in the release. I can have it signed and bring it to your office and hand it to you after receiving a cashier's check, or you can alter the agreement to include that the check will be sent after, and have her sign something else acknowledging receipt after actually getting the money. Let me know. - Me This is the way these matters have always been handled.  If you do not trust me, and believe that your sister will be cheated, then you have a real problem.   There is NO WAY that I am going to deliver a check BEFORE receiving a signature on the Release.  And, since you are being so difficult, I now want the Release to be NOTARIZED, so that I am certain your sister’s signature is genuine!! - LawyerX I said I would bring the signed copy to your office, so that you would receive it immediately after giving the cashier's check. I can also have my sister come and she can sign it in front of you if that's really your worry. But the release acknowledges receipt, and agreeing to get it later goes against the last paragraph. Do you not have an office we can come to in order to handle this? Why do you think that means I have a real problem? - Me Because you are suggesting/implying that I am going to cheat you!  I resent that more than I can say!   Here’s how it works:  Your sister SIGNS AND DATES the Release, and then I’ll deliver the check.  If you believe, for one moment, that I am going to hand her a check BEFORE she executes the Release, you are out of your mind!   I have been direct and straightforward with you from the beginning.  I very much resent your distrust of me!  You have a choice:  My way or the HIGHWAY!!   I AM DONE WITH YOU!! - LawyerX So that's the whole exchange. Are lots of lawyers like this? I thought I was just being cautious in not wanting to sign things that are not true. Is it that tough to amend it to make it accurate? What's going on here?? If it's not safe to sign and send before receiving the check, I can always just do this through a standard insurance claim, but I have a feeling the defendant will fight back and make things extremely inconvenient.

• Answer:

  Technically, no.  If you sign a release stating that you have received money, then you are agreeing that you have already received the money.  The exact phrasing of the agreement is key here, though.  If you have specific questions about your rights and liabilities, you should secure the services of a licensed attorney to review all the relevant details. Given the details, it would have been trivial for the lawyer to amend the agreement to state that the money would be sent upon receipt of the signed agreement.This answer is not a substitute for professional legal advice....