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If the lawyer lies to get you to take a settlement you wouldn't have otherwise taken, what are the potential punishments?

Miami, FL |

It appears my lawyer lied verbally to what was written in the settlement. He explained everything verbally and said sign, this is what we talked about. He said we still have another claim against them and will get that going after this. But, that was not true as everything was included in the first settlement.

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Attorney answers 2


It is unfortunate that you are having such difficulty. You should make an appointment with your lawyer and communicate your thoughts with him so he can fully detail for you his intention and understand on his future course of action. On the other hand, an attorney must not lie to you or he may be sanctioned. Pursuant to Florida Rules of Professional Conduct

Rule 4-4.1 Truthfulness in Statements to Others

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by rule 4-1.6.

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Robert Louis Gardana

Robert Louis Gardana


I also meant to include that a lawyer must be candid when dealing with a client. So, he cannot tell the other side that he is settling the case and then intend to bring more claims. He may be estopped by his election of remedies. But the Rule concerning being candid is Rule 4-2.1 Adviser In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. Candid advise would not include lying to you...


I am sorry you are troubled by this. Anyone would be upset if the facts are, indeed, as you state them. Since you already have one excellent answer from a Fla attorney, I will drill down very specifically on one portion of your Q: How do you know "everything was included in the first settlement." I have no idea what you were settling so I can only speculate. Let's say you were hurt on a worksite in your job. The worksite was a customer's and you got hurt there due to the customer company's negligence. You settle "everything" with the customer company but you still have a worker's comp against your employer. Or you get hurt at work and later severence out. The severance agreement says it settles all claims but, in most states, it does not wash out your to-be-filed worker's comp. What I'm getting at is that your major premise may be incorrect. There is no way to straighten that out except go talk to the lawyer, not by phone, but by appointment, politely and reasonably.