Problems with Lawyer

What is the name of your state? PA

Having won a substantial lawsuit, an attorney was hired and enforcement proceedngs were duly commenced.

After over a year, nothing was obtained. Then, the other side offered a sum less than one hundredth of the awarded amount, with the agreement that I cease and desist actions within the state.

I strongly opposed this, but my lawyer bullied me, using his own costs as a good reason to accept. I had concerns over whether I could continue proceedings at a later date, and insisted that a new clause be put in. During our telephone conversations, the lawyer called me callous and treated me without respect. The draft was then passed to the other side, and when it returned, a new clause had been added requesting that I not do yet more things. At this point, I simply felt I could not, out of principle, accept such a small amount, and communicated to my lawyer that I wished to withdraw completely from negotiations. He had already informed me that this was against his suggestion and that I would be liable for his costs. I had accepted this.

Now he saying that I already approved the agreement and cannot back out of it. I know I signed nothing at all, and told him nothing more than to continue negotiating. He tells me that I would now have to challenge the settlement, and get new counsel to do so.

I believe this is all untrue. What should I do?

What you should do depends a lot on what this attorney has conveyed to the other side, the status of the 'settlement agreement' and any settlement you make for attorney fees and costs to this point.

If you do not feel that this attorney's negotiations are in your best interests, then you have every right to fire his/her ass. The case is over and a judgement has been obtained. However, you should be ready to pay his/her fee and costs if you do fire them.

As for the negotiations, if you want them to continue, then find another attorney of Judgement specialist to take over the negotiations.

I don't know exactly what he conveyed to the other side. All he has said is that he communicated my acceptance to the other side.

As for the status of the settlement offer, the original offer was made, I wanted a clause added in, another clause was added by the other side. At this point, my strong feelings against the whole thing were cemented, and I made the decision to withdraw from the negotiations.

The lawyer is saying that by merely being at this stage, I am bound to finalize, or else I will have to challenge the settlement offer. Can this be true, even if I signed nothing?

bump

Writer, get a second opinon from another local attorney.