Tuesday, July 21, 2009

Improper Settlement May Cost You

Times have changed and improper settlement is a prime example of the kind of legal malpractice that we can help you with. Lawyers have an obligation to inform their clients of all opportunities to settle a matter. Often, lawyers will refrain from informing a client of settlement opportunities because it may not be in the attorney’s best interest. Reasons for this may be that the lawyer has invested a great deal of time in the case and now fears that she would not be adequately compensated from a minimal settlement. This ends up in a client being uninformed and leads to a case being forced forward.

This is impermissible attorney misconduct. Attorney’s have a duty to put their clients’ interests ahead of their own. There are a variety of situations in which settlements could work to your disadvantage including:

-Settling your case without your knowledge or authorization of settlement
-Settling your case prematurely when it is not in your best interest
-Forcing you to settle against your judgment and wishes
-Failing to inform you of important developments in your case that may affect settlement
-Getting your case to cover up a mistake by your lawyer

Many times lawyers may know that they have mishandled your case and committed malpractice, but they wish to resolve it quickly in the hopes that your case will just go away. Some lawyers will go so far as to write letter after letter to the client, telling them how bad their case is, and try to force them into an inadequate resolution. They may even go so far as to accept a settlement offer on the client’s behalf without the clients’ authorization to do so. If your attorney has handled your case improperly or failed to inform you of a settlement offer we can help.

No comments: