Does a lawyer have to convey all settlement offers to their client, including an offer of $0 ?

Asked over 2 years ago - Fort Lauderdale, FL

I wish to make a settlement offer in a civil lawsuit. The intended offer is $0.00 (zero) and for the case to be withdrawn, with each side to pay its own expenses. Do lawyers have to convey all settlement offers to their clients, even for no money? Would it make a difference if the offer is for $1.00 (one dollar) for client communication purposes?
Thank you.

Attorney answers (3)

  1. James Adrian Cueva

    Pro

    Contributor Level 13

    1

    Lawyer agrees

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    Answered . I had to chuckle at this question becasue you actually made me look up the rule on this one. I am going to say the answer is that yes a lawyer needs to communicate your zero dollar settlement offer to the other side. The relavant rule (4-1) is reproduced below in its entirety. Doesn't matter if the amount is zero or $1.00, the offer should be communicated.

    RULE 4-1.4 COMMUNICATION

    (a) Informing Client of Status of Representation. A lawyer shall:

    (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules;

    (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

    (3) keep the client reasonably informed about the status of the matter;

    (4) promptly comply with reasonable requests for information; and

    (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

    (b) Duty to Explain Matters to Client. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

    The information on this website is provided as a service to the public. While the information on this site deals... more
  2. Ronald William Slonaker

    Contributor Level 14

    Answered . I believe that all offers, regardless of amounts or terms, should be communicated to my clients.
    Ron Slonaker, Attorney
    Ocala, FL
    352-629-6656
    www.SlonakerLawFIrm.com

  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . generally all offers are supposed to be communicated to the client.

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