When I said that the lawyer does not need to include the results in their negotiations, that is correct, PROVIDED that the exclusion is not a result of negligence.
If the attorney had missed the deadline to be able amend the complaint, and this was as a result of negligence, then settlements that occur after the fact "may" be tainted, as an effort by the negligent attorney to resolve the issue without the barred evidence.
Your follow up paints a very different picture then your previous question.
I am not convinced that the lawyer can rely on the strategy rules to be able not be held liable for missing the inclusion of the destructive testing.
You will not be able to re-open the case for this, but may have a claim against your attorney.
I think it is worth your while to talk to a Malpractice Attorney about this issue, to review the cases.
There is clearly a lot of information in the dynamics of the case, and potentially some disclosure
issues with your lawyer.
Does this help?