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shurmust, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 165
Experience:  I have successfully prosecuted over 50 jury trials advocating on behalf of the government.
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Are attorneys required to pass along any and all settlement

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Are attorneys required to pass along any and all settlement offers to their clients even if they don't like the offer, like real estate agents have to? And if so, how do you verify that they did?

shurmust :

Excellent question! Yes. Attorneys are legally and ethically obligated to convey any offers by opposing counsel to resolve your case.

shurmust :

According to Colorado Rules of Professional Conduct 1.4 "Communication" Communicating with Client
[2] If these Rules require that a particular decision about the representation be made by the client, paragraph (a)(1) requires that the lawyer promptly consult with and secure the client's consent prior to taking action unless prior discussions with the client have resolved what action the client wants the lawyer to take. For example, a lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. See Rule 1.2(a).

shurmust :

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

shurmust :

Unless it is in writing, it is your work versus their word.


Thanks, XXXXX XXXXX have to but I just have to take their word that they did?

Correct, unless they put it in writing. However, usually if an "offer of judgment" was made by the opposing party, that will be in writing and you will likely receive a copy.
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