The proposed offer and have told him no several times. I have asked him to take it to trial and he refuses to do so and that if I don't accept he will resign and l am only 3 months away from trial. Can anyone help please, can he resign from my case just because I don't wanna accept the offer ? And is it his responsibility to take it to trial if I don't accept the proposed settlement ? Ty
This is a classic case of gambling with house money. Just because you have the legal right to go to trial does not mean that the lawyer must make poor financial investment in your case because you demand he do so. One of the ways to encourage a lawyer to take your case to trial is to offer to bear the expenses to do, which for most PI cases, involves several tens of thousands of dollars. As this may require substantial sacrifice on your part, whether through second mortgages, selling assets or dipping into retirement funds, this will often encourage a lawyer to rethink the trial prospects and risks. At the same time, being reluctant or coveniently incapable of doing so, may reinforce that the lawyers decision is financially sound, and the clients is a "house money" gamble. In either event, you are never required to settle a case but should be sure that what ever decision made is thoughtful and based upon really analyzing risk factors and potential benefits.
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He can decline to take your case to trial if you will not settle, but you are also free to retain a different attorney to pursue your case. However, if he is a reputable attorney and tries other cases, but does not want to take yours to trial he may be signalling something to you about your case.
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Sure he can resign. He is your paid expert, not an indentured servant. If you are not following his best legal advice, he should resign and allow you to find an attorney who believes in your case as much as you do.
That said, better make darn sure you actually have a strong case and there are attorneys willing to pick up the gauntlet-- that becomes much harder as trial dates approach.
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Yes, you can certainly retain another lawyer. However, my experience with this situation is that the client (in this case, you) is displaying, #1, an insatiable greed which cannot be satisfied by any reasonable offer, and #2, a sorely misguided perception of the true value of his/her case. As Mr. Woodring stated: I believe your attorney is sending you a very strong signal. Perhaps you should listen to your attorney.
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Yes he can resign although he would need court approval. If you don't accept you can go to trial but you cannot force him
To go. You really need to consider whether you would want there anyway since he does not believe in the case. Seek advice from a new attorney
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Your lawyer may have come to conclusion that the offer on the table is a better shot that what you can hope for at trial. UNDERSTAND: there is no such think in the law as a "slam dunk" or a sure thing.
Evaluating a case is tough, and you are not qualified to do it. It requires reviewing the evidence, the quality of any expert testimony and a host of things that impact on the "win-ability" of a case. If some are a number of these are lacking, the you are headed for disaster.
Remember the old adage that sometimes "a bird in the hand is worth 2 in the bush."
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You can always try to get another attorney, but slip and falls are very dangerous cases. Many people who were severely injured in slip and falls go to trial and walk away with $0. Juries don't like these types of cases, and they are very difficult (and expensive) to prove.
Let's say a fair value for your injuries is $500,000. If the chances of winning at trial are 45%, then the value of your case is $225,000 (45% x $500,000). Of course, that 45% number also means that if you take the case to trial, you are more likely to walk with $0 than $500,000 (or even $200,000). Good luck, and I have to agree that if you really want your attorney to take it to trial, you should offer to put your own money up to pay for it rather than making the attorney potentially put his entire livelihood on the line to make you happy.
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