Lawyer refuses to honor refund offer

[Zigner]

I agreed not to pursue any additional legal claims against her. But I don't wish to agree to keep the facts of the settlement and its terms confidential, one of her requirements. I want to talk about them. And in any case, the refund offer is on the public record. I testified about it at the attorney fee hearing I mentioned in my original post, so keeping it confidential is probably moot.

Since I agreed not to pursue any additional legal claims against her, I think we have a contract, no?

Nope - you didn't agree to the "contract" that was offered. You didn't agree to the terms of the offer. You don't get the money. Had you signed what was offered, then you could argue that you have a contract. At this point, there was no meeting of the minds.

 

[Zigner]

Okay, so to look at this from a different angle: If I ask my doctor for a refund because I'm not happy with his services and he agrees to give one and then fails to provide it, I would be out of luck unless I gave him something?

Right...because he has no legal obligation to "give" you a refund.

 

[swalsh411]

But I don't wish to agree to keep the facts of the settlement and its terms confidential, one of her requirements.

A hush-hush requirement is standard when accepting settlements.

I want to talk about them.

And she doesn't want you to. And if you want the money, you will agree. And if you agree, take the money, and then talk about it anyway, she can sue your b*lls to the wall.

And in any case, the refund offer is on the public record. I testified about it at the attorney fee hearing I mentioned in my original post, so keeping it confidential is probably moot.

What may be part of the public record is that you claimed she offered you a refund.

Since I agreed not to pursue any additional legal claims against her, I think we have a contract, no?

No.

 

[tranquility]

I agreed not to pursue any additional legal claims against her. But I don't wish to agree to keep the facts of the settlement and its terms confidential, one of her requirements. I want to talk about them. And in any case, the refund offer is on the public record. I testified about it at the attorney fee hearing I mentioned in my original post, so keeping it confidential is probably moot.

Since I agreed not to pursue any additional legal claims against her, I think we have a contract, no?

That is consideration. Giving up of known legal rights. However, you and the attorney may have a different idea as to what was agreed to and that is defense to contract. The bottom line is that you sign or negotiate the settlement agreement, or you sue for a reason outside of the agreement. The settlement agreement seems what is usual in such matters. Perhaps you need to reconsider what is more important, talking about it or the money.