We got sued for partisan from my father in law. We have no written agreement. Just an oral agreement and a history of both party's fulling the agreement. We told the lawyer that we had little to no money to fight the case. I'm disabled, my kid is disabled an my wife works part time.We thought we had a witness to the oral agreement. So the lawyer suggested we counter sue. After talking to the witness the lawyer said the witness didn't witness the oral contract. With this knowledge he still insisted we counter sue. So we did. This action of counter sueing the lawyer ran through alot of money with demurs and amendments. We are now at the discovery part of the case. An the lawyer keeps threating to leave are case because we are out of money. He is advising us to take a settlement that is below the Property settlement number. Which is completely opposite of what he said when we decided to counter sue. My question is did he knowingly gave us bad advice to give him self a bigger pay day. If so what can I do now? Not to mention he had us pay for mediation and the other party refused to mediate when we got there. An I still had to pay mediator and the attorney for prep and being there. HELP
No one reading your summary can advise you. Not sure what "partisan" means. A cross-complaint is frequently a good defense. Unless you were willing to accept a default judgment and its implications, you had to respond to the complaint.
Mediation is often a good option for litigation between family members. Your lawyer is not responsible for the other side not showing up. It's concerning if you were responsible for the mediator's entire fee. In most cases, mediation will not happen until both sides pay their share.
Most cases settle. Generally, the earlier the parties can agree to settle, the fewer attorney fees each party will pay. If you cannot afford to continue to litigate, settlement now seems like a good option.
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There is no way any one here can determine if your attorney has done wrong or not based on this little bit of information.
First and foremost you need to decide to stay with this attorney to get another. You have a right to move on if you do not believe your present attorney is handling your matter to your satisfaction. However, changing attorneys can be expensive and counterproductive, so only do so if you really believe you need to.
Entering into litigation is always an expensive proposition and should not be done without substantial resources to bring it to the end. On its face most of what you have described may well have been an attorney doing a good job for you.
Good luck to you.
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Practical answer - if you have no money and the settlement will yield a positive cash amount, seriously consider it. Litigation is expensive and there are no guarantees. In another words, if it makes any sense to take the money and run, you need to think about it.
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