Is it normal for a lawyer to reach a settlement amount in a personal injury case. Write a settlement/demand letter and send to defendant without his client (plaintiff) knowing the amount that the settlement/demand was for?
Law question ... settlement/demand letter
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Re: Law question ... settlement/demand letter
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: springer01</div><div class="ubbcode-body">Is it normal for a lawyer to reach a settlement amount in a personal injury case. Write a settlement/demand letter and send to defendant without his client (plaintiff) knowing the amount that the settlement/demand was for? </div></div>
Without knowing specific facts/circumstances, it is tough to say with any certainty. Also, please do NOT consider this as legal advice since I (or anyone else reading this post) don't know all of the facts/circumstances and can't give a complete opinion. BUT...basically...
An attorney owes his client numerous duties, including but not limited to the duty of communication which includes the duty to communicate with the client prior to engaging in settlement negotiations (this goes for both representation of plaintiffs and defendants in civil litigation).
If you are saying that an attorney representing you (or someone you know) unilaterally and without consultation or communication with his client made a settlement demand/offer...that's an ethical no-no to put it mildly!
If you are saying that the attorney actually REACHED A FINAL SETTLEMENT AGREEMENT without your knowledge or the benefit of your input, then that is a MAJOR ETHICAL PROBLEM!
An attorney doing this is basically acting ultra vires (or beyond the scope of authority/power given to him/her by his/her client).
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: springer01</div><div class="ubbcode-body">Is it normal for a lawyer to reach a settlement amount in a personal injury case. Write a settlement/demand letter and send to defendant without his client (plaintiff) knowing the amount that the settlement/demand was for? </div></div>
Without knowing specific facts/circumstances, it is tough to say with any certainty. Also, please do NOT consider this as legal advice since I (or anyone else reading this post) don't know all of the facts/circumstances and can't give a complete opinion. BUT...basically...
An attorney owes his client numerous duties, including but not limited to the duty of communication which includes the duty to communicate with the client prior to engaging in settlement negotiations (this goes for both representation of plaintiffs and defendants in civil litigation).
If you are saying that an attorney representing you (or someone you know) unilaterally and without consultation or communication with his client made a settlement demand/offer...that's an ethical no-no to put it mildly!
If you are saying that the attorney actually REACHED A FINAL SETTLEMENT AGREEMENT without your knowledge or the benefit of your input, then that is a MAJOR ETHICAL PROBLEM!
An attorney doing this is basically acting ultra vires (or beyond the scope of authority/power given to him/her by his/her client).
Re: Law question ... settlement/demand letter
No, it isn't normal to make a demand, let alone agree to settle, for an amount not previously agreed to by the client. It is so far out of the ordinary that there must be facts that have not been disclosed. If you believe that this is happening to you, your recourse is to refuse to sign the release of liability (a condition precedent to your being paid), firing the lawyer, hire a new one who will explain to the other side that the previous attorney did not have authority to make those representations.
No, it isn't normal to make a demand, let alone agree to settle, for an amount not previously agreed to by the client. It is so far out of the ordinary that there must be facts that have not been disclosed. If you believe that this is happening to you, your recourse is to refuse to sign the release of liability (a condition precedent to your being paid), firing the lawyer, hire a new one who will explain to the other side that the previous attorney did not have authority to make those representations.
Re: Law question ... settlement/demand letter
Thanks for the responses! Both are what I expected to hear. I had only spoken to the attorney's aide and she evidently didn't know what she was talking about when she said it was normal for a demand letter to be sent without disclosing the amount to the client. I called BS and after talking to my attorney he admitted his mistake and apologized, needless to say I plan on meeting with another attorney tomorrow.
Thanks again!
Thanks for the responses! Both are what I expected to hear. I had only spoken to the attorney's aide and she evidently didn't know what she was talking about when she said it was normal for a demand letter to be sent without disclosing the amount to the client. I called BS and after talking to my attorney he admitted his mistake and apologized, needless to say I plan on meeting with another attorney tomorrow.
Thanks again!
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