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Have a few simple questions in regard to a clients rights in

regard to settlement, specifically when...
Have a few simple questions in regard to a clients rights in regard to settlement, specifically when my civil suit named the opposing attorney as a defendant, his office has called to settle ..wanted to clear up the implications of their attorney being removed
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7/31/2013
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,449
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. What questions do you have? What type of lawsuit is this and why is the opposing attorney a defendant in the case? I take it the attorney is representing himself as well? Are you represented by an attorney?
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Customer reply replied 4 years ago

It's based on condominium law ... president used 18K of insurance proceeds meant to repair damage within my unit .. that fraud led to the next led to a property manager ,,, we are a 4 unit building ...It's basically a chain of causation case .. the other attorney was the debt collector ... when I began asking for the books etc etc... the case took on a life of its own and assessment were passed .. but not really ... in a nutshell this attorney was providing/sending the debt collection letters basically violatiing most parts of the fdcpa ...the main ones pretty much being not providing verification as they added on charge after charge ... he was aware didn't review anything ..liens placed ... I dont think he or the condo board thought id take it to court ,,, and when i did the attorney knew of the many issues he had and his office called immediately to settle ..ys im represented by an attorney


 

Jim, thank you for the additional information. What you clarify the question you have, about the settlement conference which the defendant is requesting?
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Customer reply replied 4 years ago

sure you don't have instant IM ability do you its a bit complicated but here are the questions:


 


1) I want to be at the settlement meeting with my attorney .... things have more about my lawyer settling quickly than anything else .... and I believe I have the right to be there if I want ... This settlement is 8/13/2013


2) I was originally told the condominium association and the third parties had agreed to settle but that was well a fabrication ... that meeting is the inital scheduling meeting 8/16/2013 ...First question can I be at meeting with attorneys settlement.


2) The attorney should I assume he no longer will be representing them ,,, thus a delay of most likely 60 days ... does that seem correct?


3) My attorney should be telling me about settlement offers? Yes ?


4) It's not typical I'd assume that when we filed our complaint my attorney never had summons issued, the complaint wasn't accurate etc ... I honestly would like to get rid of him .....I dont trust him due to him lying almost constantly .. with that said, what are a clients rights in this weird situation ... I dont want him to enter into settlement because he doesn't know the specifics .. but do I have to at this late stage?


 


It's very difficult to explain but my attorney is someone I dont trust at all and now he announces a settlement offer with the attorney 3 days before the intial scheduling meeting .. i think im being set up to take less due to his desire to settle, and what appears is a delay due to their attorney being replaced.


5) Does it make any sense that the condo folks supposedly did not want to contact the DO folks? Or is that their lawyer who doesn't want that ...sorry for all the questions

As a party to the lawsuit, you certainly have a right to be present at the settlement conference. Moreover, there is no reason that you should not be present, unless requested by your attorney and with a valid reason, since any settlement needs to be conveyed to you and approved. You, as the plaintiff, have a right to accept, reject or counter, any settlement made. While your attorney can speak on your behalf and handle the matter, you should be there to observe what is discussed and proposed. At the same time, if you do not trust your attorney nor want him proceed with the settlement, then you need to fire him and obtain new counsel. If you do not feel comfortable that he is acting in your best interest, you should tell him to not proceed, cancel the conference and then advise opposing counsel that it will be reset once you have a new attorney and they have time to catch up on the status of the case. If the defendants attorney is also a named party to the lawsuit, he likely should withdraw and another attorney should step in, if there is a conflict. Anybody with a vested interest can be present and those with the legal authority to settle, should most certainly be there, as I stated above, to accept or reject the offer and have facilitate a settlement.
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Customer reply replied 4 years ago

Ok .. I thought as much ,,,, I will definately be present then...


 


Any thought on why the Individuals at the Condo Associ would not get the DO people involved to provide legal counsel or why no summons were ever issued,? It seems to reflect to me weeks ago a settlement between the lawyers took place.


 


More importantly my attorney filed the complaint without my review ,,, there were 6 different counts ... what seemed odd was that 4 of them were brought forward by me in the Name of the Condominium Association , The Association vs, Condo Directors ,,, it seemed so odd especially because Fraud was one count being brought forward by me for the association, and my lawyer was I suppose representing them ...I know its hard to make much of one I;m saying ,,,,but the fraud issue is something we can easily prove, but wasn't brought in my name ... any clue ....


 


I'd get another lawyer but this guy has gotten somewhat hostile and I can picture him claiming I owe him a fortune, also in DC attorneys are hard to find .. all work for big law firms supporing corporations or the gov't ....


 


Im done with all of my questions,,,, thank you for your help ... Do you know of any national legal advisory firms that could read and review the complaint that everyone has felt is pretty awful .... I'd like an independent review I just don't know if such a service exists ...thanks again


 

It is possible that prior to any lawsuit being filed, they tried to settle this outside of court, once it was a known issue. A lawsuit takes time, effort and money so it is possible that the Association was trying to resolve this. If you retained legal counsel, the attorney is supposed to represent your best interest. The attorney should have discussed with you the causes of action which were going to be brought forth in the complaint but he does not necessarily have to let you approve it and sign off on it, per se. As far as any issues with the complaint, that would be something that the attorney would have to answer since he drafted it. I am unaware of any legal advisory firms who would review this and any firm would 1) charge a fee and 2) want you to retain them, if they did provide this service.
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