Hello, and thank you for using Just Answer. My name isXXXXX am an employment law professional and I look forward to answering your question this afternoon.
The short answer is yes, counsel is obligated to communicate good faith offers of settlement to their client, unless the client has either (a) given counsel the express authority to reject or accept settlement on their behalf, or (b) has instructed counsel not to consider any offers of settlement. However, even in those circumstances, counsel at least needs to communicate that an offer was made, to see if the client wants to change their mind.
There is not generally a specific statute dealing with this type of issue, it generally falls under an attorneys ethical obligations to their client and to the court.
This is in part due to a lawyer's obligation to abide by a client's decisions (Rule of Professional Conduct 4-1.2(a)). If a lawyer fails to communicate a settlement offer to a client, it would be impossible for them to abide by the client's decisions, making this a breach of the lawyer's ethical duties.
A lawyer also has specific duties to keep a client reasonably informed, which would implicitly include offers of settlement (Rule 4-1.4).
Finally, a lawyer is considered an "officer of the legal system" (preamble to the Rules of Professional Conduct), and failing to act in good faith to resolve a conflict, including communication of settlement offers, arguably violates a lawyer's duty to act as an officer of the legal system.
So, long story short, as a general matter lawyers are obligated to communicate offers of settlement to their clients.
Regardless of the position that the attorney holds?
Yes. So long as the attorney is representing the client in question as a defendant, that attorney must communicate an offer of settlement to whomever the decision-maker for the client is.
Great, Thank you.
So long as the US Attorney is representing another entity as counsel, then yes, a settlement offer must be communicated.
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Thank you. a load off my mind.
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Will do- OUT!
Thank you, XXXXX XXXXX of luck to you.
I have rated your answer at the highest possible tier. Excellent Service. Lost the connection while waiting. My sincere thanks for your excellent response. Howard
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