Hello,
You may be able to file to have the settlement set aside as you never agreed to it and it was done without your knowledge. This would be problematic if you gave your attorney the authority to act on your behalf though and the amount of time that has passed.
If the attorney did not have your authority to act, you could sue for malpractice as he was acting outside the scope of his authority. You can also file a complaint with the RI Sup Ct. and he will have to respond to it or face sanctions.
I am curious how you wouldn't know about this for almost an entire year? Did you check with him for status updates throughout that time? What was his response when you asked about the case?
Thanks.
Matt
I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you need any assistance in the future with additional questions, you may request me personally by putting my name in the subject line.
I did not find out about this problem until I was served on 07/09/2009 an "Execution - goods, chattels and real estate", I called my attorney right away, he told me not to worry about it, that he had it all under control. I did keep on top of him about the case on a weekly basis, I would call and ask how it was going and he kept telling me that he was going to depose the other person I was suing, I had already been deposed.
He also told me that he was reviewing the case with the Judge and Court Clerk and that he would get back to me. I am still trying to get a hold of him.
I then had to go to court to show why I had not paid the other side yet on 10.16.2009, and that is when I found out that he had made a settelement with them with a payment schedule
He DEFINITELY DID NOT have authority to make this settlement
Thank you again, I hope this added information helps
Your attorney is negligent at best, he has malpracticed at worst. He has breached his fiduciary duty to you to keep you informed as to the status of your case and has injured you by putting you in a position where you appear to have defaulted on a settlement agreement.
I would contact a civil attorney and file suit for malpractice as well as a formal complaint with the diciplinary committee. He should have malpractice insurance that will cover any losses you incur. I would not wait as if he is doing this in your case, there may be others out there that he has done this to who have not realized this yet.
Attorney
9 years experience in real estate, estate planning, and criminal law