Are/can payments by a potential defendant sometimes negotiated by counsel on behalf of a potential sole plaintiff/client, in return for NOT bringing an action, esp. say a class action with a potentially huge class as a means of settling the claim?
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"?
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.
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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.
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