It is no secret that the overwhelming majority of civil legal cases are settled before trial. This may be because the claimant or plaintiff has overwhelming evidence of fault or liability by the defendant, or that even though the claimant has a weak case, there are still facts that may be favorable to her and will motivate the opposing party to offer some compensation. But there are cases where a client’s attorney pressures his client to accept a settlement that the client feels is unwarranted or will not fairly compensate her.
Why Settle Your Case?
Whenever a claim is filed or an insurance company is presented with a serious demand by a claimant, an investigation of the facts and circumstances typically occurs to frame the issues involved and to determine if a valid claim or defense exists. The value of the claim is also assessed, considering possible shared fault or liability, the difficulty in proving fault, that the negligence of the other party was the cause of the injury, and that monetary damages can be adequately proved.
In many cases, the claimant will agree to a settlement that may be less than desired in return for ending months or years of litigation. Litigation is expensive and even minor cases can cost thousands of dollars in legal fees and costs to employ experts, perform an investigation, and prepare documents. Further, the process can be emotionally taxing for clients. Many corporate defendants will often demand a non-disparagement or nondisclosure agreement and a denial of responsibility for the incident that caused harm in return for compensating the claimant.
Whenever an offer is received to settle a case, the client must be notified of the offer by his attorney and valid reasons expressed to him or her for accepting or rejecting the offer. By this time, however, your attorney should have already advised you of the strong and weak points in your claim, of its value based on prior judgments or assessments, the costs of litigation and duration, and the risks of a jury trial. And, significantly, you should have a good sense of your case from your lawyer’s perspective – the strengths and weaknesses, the value, and the insurance funds available.
All attorneys have tales of clients who have been unreasonable and demanded that no settlement short of a million dollars or more for a minor injury or other relatively insignificant loss is acceptable. In such cases, the attorney needs to communicate clearly and caringly with the client. If the client remains obstinate and uncompromising, it is best if the attorney withdraws and informs the client that he seeks other legal counsel. Most times, however, it is really a matter of communicating.
What Constitutes Undue Pressure to Settle?
There are occasions, however, when attorneys will pressure their clients to settle their matter even though the client is unwilling to do so. Reasons may vary and include:
- The attorney has another case he wants to spend his time and resources on
- Your attorney no longer has faith in the validity of your claim which he should have expressed at the outset or when facts adverse to your claim became known
- Your attorney has run out of resources or demands you pay more legal fees or the out-of-pocket costs of litigation to continue representing you
- Your attorney missed certain deadlines or failed to appear at a court date which led to the dismissal of favorable evidence and has seriously undermined the value of your claim; sometimes attorneys even offer their own money in these instances, which is not acceptable – you need new counsel
- Your attorney failed to advise you of his or her lack of trial experience and/or does not wish to do the work involved in preparing for trial
- The attorney misrepresented to you the strength of your case to induce you to retain him so he could seek a quick settlement
- You were forced to accept a settlement because your attorney was not prepared for trial
- Your attorney committed fraud in how your case was handled or failed to take certain actions that any other competent attorney would have taken under the same or similar set of facts and circumstances which is the reason for pressuring you to settle.
These may be grounds for a legal malpractice claim if you were faced with little choice but to settle your claim, and the misconduct or omissions of your attorney adversely affected its value, and you suffered harm.
Steps to Take if Pressured to Settle
If you feel pressured to settle, there are some steps to take:
- Arrange a meeting with your attorney to discuss the reasons why he or she is advising you to settle and why you feel a settlement offer is unreasonable
- If no resolution is reached, consult with another attorney or attorneys for a second opinion
- You have the right to terminate your attorney at any time and should consider doing so
- If a trial is imminent, advise the court of your dilemma to give you an extension to find a new attorney or have your new attorney request a new trial date to prepare
Consult a Legal Malpractice Attorney at Burns and Jain
If you were pressured to take a settlement offer by your attorney that you feel was unreasonable or were forced to do so due to the incompetence or fraudulent acts by your attorney, then call (617) 227-7423. A legal malpractice attorney at Burns and Jain will consult with you and advise if you have a valid legal malpractice claim.