Can my lawyer force settlement?

Asked over 4 years ago - San Diego, CA

i have a personal injury case and my lawyer is forcing me to settle.

Attorney answers (4)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . As my colleague stated, your lawyer can't force you to settle your case, only you can make that call, so if you don't want to settle, it's not settled.

    But you need to understand why the lawyer is pressuring you, and what the financial consequences are if you fire this lawyer or they get your consent to withdraw or they make a motion to get a court order permitting them to withdraw. They'd have a lien on the proceeds of the case, and then you'd have to find another lawyer, who would have less incentive to take the case because of this 1st lawyer's lien.

    Have all the future medical costs been addressed? You may also want to consult a CPA about the tax ramifications of what this settlement is, and what you think the case is worth, and what the difference is, and whether the settlement is a lump sum or has structured installment payments.There are also the emotional costs of continuing to litigate, as opposed to settling now. This is not a decision to made impulsively. Make sure you've got all the facts before you decide.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Steven Ronald Kuhn

    Contributor Level 15

    Answered . You cannot be forced to sign a settlement agreement. If your attorney wants you to accept a settlement and you do not want to, you can ask him to take the case to trial or withdraw as your attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  3. Adam David Sorrells

    Contributor Level 13

    Answered . I thought the other lawyers provided excellent responses. I would add. There are good lawyers and bad ones. Some lawyers are big babies, and afraid of trial. Those lawyers cave in like wimps, let the insurance company push them around, and really have no business handling these cases. They pressure their clients to take poor settlements because they are afraid to litigate, spend money, and go to trial.

    On the otherhand, some injured people have unreasonable expectations, are not listening when their lawyer explains the risk of trial, and should be accepting settlements and moving on with their lives.

    Without knowing more, I have no idea which category you fit into, or it your case is somewhere in between. I always advise that you have a heart to heart talk with your lawyer, explain your concerns, and see where he or she is coming from.

    Adam Sorrells
    Chico, CA

    Disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only.

  4. Donald Curtis Kudler

    Contributor Level 15

    Answered . No. The ultimate settlement is yours to make. Your Attorney has ti follow your instructions. However, an Attorney can withdraw from a case and place a lien on a file for the value of costs he incurred and the work performed representing you.

    I would have a serious discussion with your lawyer as to why he thinks the settlement offer is fair. Please go to our website at http://capandkudler.com/useful-information/my-p... to see how your case will be evaluated by an insurance company.

    There are many issues we look at in deciding whether or not to settle a case. These include liability issues. In some cases, liability is not clear or is divided among more than one party, including the injured party. There are risks in going forward to trial if a defendant will not settle. There may also be issues of available insurance to cover the damages caused by another person. All of these issues should be discussed with your attorney and he should be willing to discuss them in an open manner.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com

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