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What are my options if my attorney filed a motion to withdraw himself because I would not accept the settlement?
Anonymous4 views2 answers
I had asked what to do when attorney settles case with defense verbally, but I refused to sign the agreement. The case was set for an IME , MSC and Trial in Dec, but those were cancelled assuming I was going to accept agreement. A dismissal is still set for this Thursday Dec19, in which attorney will show up to withdraw himself. The accident was in 2010 , rear end collision on freeway,car was totaled. The court appointed arbitrator felt my settlement should be $75,000, but defense didn't agree. My attorney agreed to settle got 23,000 reduced my $40,000 bills I would receive $1500 for pain and suffering, he receives about $9,000. The defense says my case is worth $3,000, and that I over treated. Originally My doctor wanted me to have surgery, but I tried more conservative options.
Joseph Jonathan BrophyEthics / Professional Responsibility LawyerWhite Plains, NY ·
Even if you find another lawyer willing to take on your case at this late date, there is no guarantee the judge will let you go forward. Your lawyer has "apparent authority" to negotiate for you. That means, if your lawyer accepts a settlement offer on your behalf, you are bound by it. You don't really have any good options at this point. Refusing to sign the papers is just cutting off your own nose to spite your face.
If you can prove that your lawyer exceeded his authority, your remedy, if you have one, is to sue your lawyer. That's a tough row to hoe, too.
Jennifer L. EllisEthics / Professional Responsibility LawyerPhiladelphia, PA ·
The lawyer most likely feels the settlement is the best he can get you, and going forward would be counter productive. So he is withdrawing because he does not feel it is appropriate to continue as your lawyer. You can retain new counsel or you can change your mind and accept the settlement. Whether new counsel will accept your case given the circumstances is questionable. The original attorney would still have numerous rights to the settlement in terms of his fees, hourly work and so on, based on the fact he has taken the case to this point. This means there wouldn't be much left for another lawyer.
There are also the issues my colleague pointed out already.
