Consult a legal malpractice attorney ASAP but I can't think of a scenario where a contingent fee attorney such as a personal injury attorney wouldn't want to settle for more money thus earning a higher fee.
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Why would the attorney accept less than was offered? It's a contingency relationship; true? What additional facts are you holding to your vest?
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Most formal mediation organizations, and processes, include a provision that the parties participating can not/will not use anything said as evidence in later litigation; so you may very well have a difficulty in calling the insurance adjuster or the mediator to prove what you are claiming. As already noted by my colleagues, your inquiry does not, on the surface, make sense. The attorney would get a much greater fee by settling for the 2 Million if offered, as compared to the 400 grand, so why would he/she force you to take the lesser sum. Additionally, by saying that you were "coerced", it appears that, all other factors set aside, you agreed to and signed what ever papers were necessary to obtian the 400 grand. You are going to be hard pressed to go back on your decision now.
Just to be clear, perjury involves a sworn statement, normally to a court of law. If your attorney were to have told you there was a $2 Million offer where there was not one, it certainly is a problem, it just isn't perjury - necessarily. If he lied during his deposition saying that there was no $2 million offer, where there was, then yes that may very well be perjury. To answer your other question, if there is a malpractice claim where you assert that the case should have settled for the $2 million offer, the subpoena of the insurance company file may be appropriate and allowed by the Court, ask your attorney.
There does seem to be some significant facts missing because it makes little sense for your attorney to pressure you to accept 400,000 when an offer of $2 million has been made. Good luck.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210
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