What about payments for not filing an action, esp. a class action?
Can a plaintiff's attorney- where the client would be the sole plaintiff - approach and negotiate w/opposing counsel saying, "My client will not bring a class action vs. your client in return for a payment TBN"?
2 attorney answers
Your question is not clear. If you are asking whether an attorney can settle a case without the client's permission, the answer is No. An attorney is required to give all settlement offers to the client and it is the client's decision on whether to settle or not. The attorney of course can and should provide advice to the client on the pros and cons.
Please note: This response is solely general information or suggestions about your issue. It is not intended and should not be considered as legal advice, and I am not your attorney. Such professional advice requires creation of an attorney-client relationship and full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances and review any relevant documents against applicable law.
It is a bit of a circular argument. If a defendant pays money to settle with a plaintiff, that plaintiff cannot bring any sort of action at all including a class action.
My responses on this website do not constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship. Please do not message or phone me for additional advice as the discussions would be outside this forum and would not be visible to the public (the exception being for serious prospective clients).