Many cases in the court system settle. A settlement is an agreement reached between the parties to a lawsuit to mutually resolve their differences. It usually involves an exchange of money. There can also be other terms where parties agree to do or refrain from doing something.
But forcing clients to settle is not a lawyer’s prerogative. A lawsuit is the client’s property. It is the client’s ultimate decision, not the lawyer, whether to settle a case or not. Ronald J. Wronko, Esq., successfully handled a legal malpractice case in Morristown, Morris County, New Jersey, in which it was alleged that an attorney had forced his client to settle on unfavorable terms. The client filed motions to then set aside the settlement to no avail. The lawyer in that case was held accountable for such action.
An attorney also cannot create a catastrophe that gives the client no other choice but to settle. In such circumstances, it may be malpractice by the attorney.
Likewise, it can be malpractice if an attorney does not explain all of the terms in a settlement to a client before the client settles. For instance, Ronald Wronko, Esq., tried a legal malpractice case in Newark, Essex County, New Jersey in which it was alleged that the attorney failed to fully explain the client’s purchase of an interest in a bankruptcy estate. He also tried a case in Morristown, Morris County, New Jersey in which the attorney was alleged to have failed to explain very critical terms in a settlement.
If you believe that you are the victim of legal malpractice because your lawyer forced you to settle or failed to explain key terms to you, please contact Ronald J. Wronko, Esq. for a free consultation.