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  #1  
Old 07-02-2009, 05:16 PM
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Threat to appeal for free ethical?

What is the name of your state (only U.S. law)? Massachusetts
I was in the process of going to court with my ex-wife for child support to continue from age 18 to 21. My lawyer and I had such an awesome case to have CS end at 18 that it was obvious that we were going to win. One day my ex's lawyer approached my lawyer and said "Just so you are aware, I already promised my client that if you win, I am going to appeal for free". Based on that threat, my lawyer talked me into settling. Based on his comment I just dished out another $16,000 in child support.

My question is, is it ethical for a lawyer to make a threat like that before we were able to present our case in court?
  #2  
Old 07-02-2009, 05:23 PM
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Quote:
Originally Posted by William8892 View Post
My question is, is it ethical for a lawyer to make a threat like that before we were able to present our case in court?
Simple answer... yes. Called tactics.
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Old 07-02-2009, 06:04 PM
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Quote:
Originally Posted by William8892 View Post
What is the name of your state (only U.S. law)? Massachusetts
I was in the process of going to court with my ex-wife for child support to continue from age 18 to 21. My lawyer and I had such an awesome case to have CS end at 18 that it was obvious that we were going to win. One day my ex's lawyer approached my lawyer and said "Just so you are aware, I already promised my client that if you win, I am going to appeal for free". Based on that threat, my lawyer talked me into settling. Based on his comment I just dished out another $16,000 in child support.

My question is, is it ethical for a lawyer to make a threat like that before we were able to present our case in court?
This is a cost vs. benefit situation. Was it cheaper for you to shell out the extra $16,000...or would it have been cheaper to pay for the appeal? Too late now.
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