how soon would the protest to the settlement contract signing have to be made? Would it do any good to speak with the mediator from the mediation?he saw the poor preportation that was done for the case.
State/Country relating to question: Texas
also not sure of the legal verbage that would need to be used to file an objection of settlement signature.
What is the basis to object to the settlement contract?
can view previously asked questions? my last question explained it. my lawyer did not disclose the fact that the contract we had just read togther was not the same one that was brought back into the room only one sentence add. he did not offer to read the contract with one sentence added.. I told him that if only 1 sentence was added. i would go ahead and sign contract. Either he did not know the contract many
paragraphs different, or he did not tell me that it was a totally different contract.
This contract is very different than the one we just read together. I did not expect my own lawyer to switch contracts on me. I had told him "if it is only the one sentence that has been added". This addition was made at the very last minute. --- pls see previous question asked for more explaination. pls let me know if you are unable to look at previous questions asked. thank you.
need to know what legal verbage would need to be used to contest the settlement ---
lack of proper representation. -none discloser
Do you have a copy of the 1st agreement?
unfortunatly not, the other party to the mediation had to sign it and I never saw it again.
Does the attorney (your attorney) admit to the settlement agreements being different?
he said that they had added 'a' sentence, which we discussed. when I read the document later.. i was horrified. my attorney has not been available since.
I had discussed 14 day money release from court.. not it appears they are going in front of the Jugde 5/23/2012. (there is a frozen account that is suppose to be mine)
can a lawyer be sancioned if they make settlement agreements without counsulting you? or changing an agreement between lawyer and client. to something different between lawyer and lawyer?
Yes, an attorney is not allowed and it violates the Rules of Professional Conduct and law that an attorney cannot make settlement agreements without the prior consent of their client.That settlement agreement can be voided based upon it wasn't what you agreed to, that it was changed in the interim, AND you were being misrepresented to.What you have to do is immediately file a motion to void the settlement agreement based upon those facts. It would be great if you had a copy of the previous agreement and could show the court the differences between the two settlement agreements but that's not absolutely necessary and can be explained by you to the court why you don't have a copy.You can inform the court that you thought that particular issue was resolved and were looking elsewhere at the document you signed as to particular issues when you signed the settlement agreement - when after the fact you now realize that there was a change as to that issue.That you did not agree then nor now with that particular clause or paragraph in the settlement agreement and would never have agreed to such then.That you have asked your counsel to withdraw from your representation (you are going to have to do this most likely - your attorney will have a conflict of interest with you as to voiding the settlement agreement) and you are seeking other counsel OR will now proceed pro se.
20 years experience in estate and trust planning, probate, and wills
I live out of state, is there any way to file a motion with the court without a lawyer, immediatly? I would need to find another lawyer. I think your right the motion should be done immediatly, I'm just not sure if it is allowed without having a lawyer for probate mediation.
If is can be done, do you have any idea where I would be able to find the information on correctly filing a motion without a lawyer?. tarrant county tx
No. You would either have to do it personally OR retain legal representation.You would have to appear to make your oral argument before the judge.Not only that - they can appear and make an oral argument against your request.So there must be a hearing and oral arguments with you or someone on your behalf arguing.In reality - because you were there and the arguments are making come from personal knowledge - you have to appear regardless if you retain legal representation or not.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).