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  #1  
Old 06-06-2008, 01:17 AM
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Making a deal with opposing counsel without consent


What is the name of your state? Texas

Simple question. Had a civil case recently that did not qualify for title 7 because of the size of the company. However the accusations warranted a speedy offer to settle from employer. After retaining counsel...a final offer after two back-forth episodes was proposed. As a mother of four and unemployed I accepted.

At a 'celebration' drink with my attorney he (after 5 micheladas) offered to me that he told opposing counsel to 'get me to $$$ and I'll be happy). The prior day When he told me of the final offer which was $5000 within his 'get me to offer' to the opposing counsel he implored me to take it. I was devastated but broke...he did not inform me of this conversation with the opposition. I knew my former employer would do anything to keep his 'pillar of the community' status. Not that I wanted to bankrupt him but simply wanted a more fair settlement after 8 years of loyal employment. Of course I had already signed off before the 'celebratory drink' so I had no idea of the prior arrangement with opposing counsel.

Is this ethical?
  #2  
Old 06-06-2008, 10:03 AM
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Join Date: Oct 2005
Location: Tennessee
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Quote:
Originally Posted by gambleb View Post
What is the name of your state? Texas

Simple question. Had a civil case recently that did not qualify for title 7 because of the size of the company. However the accusations warranted a speedy offer to settle from employer. After retaining counsel...a final offer after two back-forth episodes was proposed. As a mother of four and unemployed I accepted.

At a 'celebration' drink with my attorney he (after 5 micheladas) offered to me that he told opposing counsel to 'get me to $$$ and I'll be happy). The prior day When he told me of the final offer which was $5000 within his 'get me to offer' to the opposing counsel he implored me to take it. I was devastated but broke...he did not inform me of this conversation with the opposition. I knew my former employer would do anything to keep his 'pillar of the community' status. Not that I wanted to bankrupt him but simply wanted a more fair settlement after 8 years of loyal employment. Of course I had already signed off before the 'celebratory drink' so I had no idea of the prior arrangement with opposing counsel.

Is this ethical?
Sure it is. You hired him to get you some money. He got you an offer it was up to you to take it or not.
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  #3  
Old 06-07-2008, 12:46 PM
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Join Date: Jul 2007
Posts: 2,337
Quote:
At a 'celebration' drink with my attorney he (after 5 micheladas) offered to me that he told opposing counsel to 'get me to $$$ and I'll be happy). The prior day When he told me of the final offer which was $5000 within his 'get me to offer' to the opposing counsel he implored me to take it. I was devastated but broke...he did not inform me of this conversation with the opposition. I knew my former employer would do anything to keep his 'pillar of the community' status. Not that I wanted to bankrupt him but simply wanted a more fair settlement after 8 years of loyal employment. Of course I had already signed off before the 'celebratory drink' so I had no idea of the prior arrangement with opposing counsel.
I do not follow this at all. I can't tell what you are talking about. Are you trying to say that you think your attorney advised you to settle for less than the employer offerred?
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