What is the name of your state?What is the name of your state? New York
I was browbeaten by my attorney to settle a civil matter that I did not want to settle (I was defendant). The settlement conference occurred without the presence of a stenographer, or any personal appearance by myself before the judge to ascertain my consent to the agreement. In fact, I was not even present in the conference room, but sat outside the judge's chambers. Nothing was signed to memorialize the "agreement". Shortly after the settlement conference, I regretted my "consent" (under duress, and hardly given of my free will), and informed my attorney within two hours that I had deep misgivings. The next day, I called him and said I would not sign any agreements reached during the previous day. I then followed that up with a letter to my attorney the next day stating that I rejected the settlement. I heard nothing from my attorney until three weeks later, when he informed me that the judge had signed an order for the payment of the amount of $$ "agreed" to (again, under duress). What are my chances of success to vacate this judgment based on the lack of any written record, and my quick reversal of decision immediately following the conference, and my lawyer's failure to act on my change of heart prior to the order being signed?
I was browbeaten by my attorney to settle a civil matter that I did not want to settle (I was defendant). The settlement conference occurred without the presence of a stenographer, or any personal appearance by myself before the judge to ascertain my consent to the agreement. In fact, I was not even present in the conference room, but sat outside the judge's chambers. Nothing was signed to memorialize the "agreement". Shortly after the settlement conference, I regretted my "consent" (under duress, and hardly given of my free will), and informed my attorney within two hours that I had deep misgivings. The next day, I called him and said I would not sign any agreements reached during the previous day. I then followed that up with a letter to my attorney the next day stating that I rejected the settlement. I heard nothing from my attorney until three weeks later, when he informed me that the judge had signed an order for the payment of the amount of $$ "agreed" to (again, under duress). What are my chances of success to vacate this judgment based on the lack of any written record, and my quick reversal of decision immediately following the conference, and my lawyer's failure to act on my change of heart prior to the order being signed?