What do I do if my lawyers insist on settlement terms against my wishes, in last stage of settlement case?

Asked over 1 year ago - Redmond, OR

settlement agreement was written by attorneys. opposing side wanted to remove several phases, that protect me, that was written by my attorneys. Now my attorneys want me to agree to the edited version even though it does leave vagueness and loopholes for ex to sue me again, which he has done multiple times, or threatened in way to harrass me and make my life hell. I want to be assured throughly in verbage that there are no loopholes or gray areas for him to come after me again legally. The lawyers dont share the concern about the phrases the ex's attorneys took out. there are reasons why they'd want certain phrases taken out to benefit their client, not my best interest obviously. My attorneys just want case over and get paid and are angry that I want to have it the right/original way

Additional information

case is divorce settlement post trial, and global settlement for taxes, marital assets, to end all lawsuits,appeals etc from both sides. the parts that give obligation for him was removed, while they added obligations to me that was not mutual, all which is contrary to the verbal agreement made in settlement hearing.

Attorney answers (3)

  1. Scheherazade B Rastegar-Djavahery

    Contributor Level 14

    5

    Lawyers agree

    Answered . If you aren't comfortable with the terms of the settlement agreement, don't sign it. That being said, make sure you understand what it is that your lawyers are encouraging you to accept. What may seem like a major term of the contract in your eyes may not be a critical term in the eyes of the law. I encourage you to consult with your attorneys and ask them to explain the importance of the terms that are being edited out. Best of luck.

  2. Jay Bodzin

    Contributor Level 20

    3

    Lawyers agree

    Answered . An attorney can't enter a settlement agreement in your case without your consent. They can, however, advise you to accept an agreement, and they can even ask to withdraw from representing you if you refuse (or otherwise don't follow their advice).

    If you're concerned about your soon-to-be-ex-spouse suing you in the future, you should be aware of a couple of facts: First of all, the property division terms of a divorce judgment cannot be modified under Oregon law. Once property is divided, it's done. Second, exactly the opposite is true of child support and spousal support: these can be modified upon a showing of substantially changed economic circumstances. There's really nothing you can do to prevent an ex-spouse from suing to modify these types of support if they're ordered.

    Most settlement agreements contain a provision that states that the judgment is intended by the parties to settle all claims that either of them may have against the other as of the time of signing. If you're concerned about future suits, you should have your attorney make sure such a term is included. But there's nothing you can possibly do to stop someone from suing you for things that haven't happened yet.

    In conclusion: Take your concerns to your attorney. Make sure they listen to your concerns, and make sure you listen to their advice. If they won't listen, you're free to find another attorney instead. Just don't expect miracles. Remember, a good compromise usually leaves everybody mad. We compromise because the alternative may be worse.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. John P Corrigan

    Contributor Level 19

    3

    Lawyers agree

    Answered . You may be worried over nothing or you may have valid concerns....hard to evaluate without hearing more about your concerns as compared to the terms of the settlement. My advice is for you to hire another attorney and explain your concerns so he/she can evaluate whether there is "real" concern or just anxiety that is not that important in the overall scheme of evaluating whether your settlement is worth accepting or blowing it up over a trivial matter.

    This is not intended to be giving legal advice and this topic can be a complex area where the advice of an... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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