Thursday, June 3, 2010

Going from Named Partner to First Year Associate (Part 2)

Remember our friend Jim from the deposition, well he has once again agreed to hire Law Firm A and specifically, Attorney Ace, to handle his case. This time, Jim is told to attend a Pretrial conference at the Courthouse. When Jim arrives, he learns that Attorney Ace is not able to make it but that Attorney Newer will be covering the matter.

At the Pretrial conference Attorney Newer advises Jim to take a $2,500 settlement offer because he believes that is the most that Jim will ever recover for his case. Jim is unsure of what to do because when he initially met with Attorney Ace, he was told that his case was worth more in the range of $25,000. Jim wants to take some time to think about the offer but Attorney Newer advises that if he does not give an immediate response, the offer will be withdrawn, no future offers will be made and Jim stands a good chance of not recovering anything at Trial. Attorney Newer again advises that Jim needs to accept the settlement offer. Reluctantly, Jim agrees to settle his case for $2,500.

Now, if Attorney Newer and Attorney Ace discussed the case and found that the facts supported that $2,500 was a fair value for his case, then Jim does not have a legal malpractice case. However, if Attorney Ace truly believed that $25,000 was a more appropriate range for settlement because of an important expert report which had been disclosed, but Attorney Newer overlooked. Then Attorney Newer advised Jim to settle for a much lower figure because of this oversight, Jim might have a legal malpractice case.

If you feel that your case was not properly handled by the attorney you hired to represent you, call our office and speak with one of our experienced attorneys today.

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