During Judicial Settlement Conference , the Judge wrote agreement and both party agreed and signed it. However the case remained open for 3 months. If Settlement was reached and signed - what kind of Judgment has to be signed - General Judgment of Settlement Agreement or General Judgment of dismiss?
In out agreement we agreed to dismiss the case, but we also has other condition ( which we both do follow ) , not just a simple dismiss. Should I submit Judgment of Dismiss? or Judgment of Settlement Agreement?
This is one of the more "boring" but critically important areas of trial and litigation practice. I do not know for a fact, but I believe that a good number of lawyers commit malpractice in the settlement of cases.
First, the dismissal should LIKELY be a "General Judgment of Dismissal" This might not be true if there are more than one party on each side. You need to make sure it says.. "WITHOUT COSTS AND FEES TO EITHER PARTY" unless you have made some other agreement with each other. If you do not add this "magic language" the other party could come in after the fact and make a claims for their attorney fees and costs.
The other things you agreed upon need to be reduced to a written settlement agreement. These can be complex depending on the "deal." Depending on the amount of money involved....over say $2,000 I would get a lawyer to help you...if it is under $2,000 it might not be worth it.
I hope that helps a bit.
This not meant to be legal advise. It is not possible to know everything about your issue in this forum. You should consult an attorney if you want a full answer to your question. I will not be taking any other action on your issue. I only work with clients when they have signed a client agreement with me and provided me with a retainer.
A judgment of dismissal will get rid of the entire case; if any affirmative relief is included in the stipulation besides dismissing both sides' claims, you need a general judgment, not a judgment of dismissal. (The term "General Judgment of dismiss" is nonsensical.)
This is a duplicate thread. This question was also asked and answered here: http://www.avvo.com/legal-answers/who-will-write-judgment-after-settlement-conferenc-1948978.html
In that thread, it was pointed out that there seems to be something strange going on here, and it's impossible for a lawyer to conclusively recommend a course of action without personally reviewing the case file and figuring out what happened. That is still true. Asking again won't change the answer, I'm afraid. This is an inherent paradox of this site: it's often impossible to post enough detail for adequate advice, certainly not without violating your right to confidentiality. We can answer general questions well enough, but for specific advice, you have to consult with an attorney in private. This site cannot be a substitute for that. It's like trying to get a doctor to diagnose a condition based on a few sentences of description over text. No professional can do that.
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I agree with both my colleagues and there simply is not enough information here to provide any definitive information. That said, there is no such thing as a Judgment of Settlement Agreement. Typically, if a settlement agreement is reached that includes one or both parties performing some obligation within a fairly short timeframe, a court may be willing to keep a case essentially "on hold" until the obligation(s) are fulfilled and then enters a General Judgment of Dismissal or, if the settlement terms are not fulfilled, then a General Judgment in favor of the non-breaching party. Neither are a substitute for drafting and signing a written settlement agreement that describes all the agreed upon terms and conditions. This document normally does not get filed with the court unless it is breached and is being sued upon to enforce it. Questions? Have a local attorney review everything with you. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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