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The attorney for the defense, in a breach of contract civil…

The attorney for the defense...
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this admission and is it an admission?
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Answered in 6 hours by:
9/17/2017
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,498
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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 with your question and concern

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Good morning. Do you know why he would admit to this? Do they want to settle? Have you made them an offer?

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Customer reply replied 8 months ago
We were discussing the scheduling order dates, we were on the speaker phone so two of us (pro se(s)) heard him say it. We were also discussing tort issues which he felt were already dealt with. I am always nonconfrontational and I think he let his guard down as he thought we were best buds having a brewsky and shooting the you know what. I think also that he would be glad to give up the breach and advoid the tort(s).They have mention no settlement to date. I can only guess pride would get in the way of some attorneys offering a settlement to pro se(s) no matter how bad their case is.

Thank you for the reply. The pro se party needs to continue to move the case forward and should at some point, make a demand/offer to settle this and present what they are seeking, to defense counsel. If this can not be settled, you still need to go to trial, so even if they had said something which would indicate they thought their client was in breach, it is not something that could necessarily be used. Moreover, if this was in talks to try and settle and resolve this, it could not be necessarily used either.

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Customer reply replied 8 months ago
It definitely had nothing to do with a rule 408, i think you call it. The Court Ordered us into arbitration which is what we wanted.My question to be specific is this grounds for summary judgement or default?thank you

Thank you for the reply and being more specific. A default is entered when a party fails to respond. If there is active litigation in this case, a default will not be entered against the defense, if they are responding and contesting the case. Now, as far as summary judgment, you could move for it and show that there is no genuine issue of material fact. As the plaintiff, you could file for it and ask the Judge to enter it. The discussions you had with counsel, are not likely going to be something you can use to obtain a judgment in the case. You need to prove the causes of action and use the evidence which you have, to show the breach and any other claims. If you need to go to arbitration, it would be binding so that is what you need to prepare for and get ready for, to prevail.

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Customer reply replied 8 months ago
Thank you

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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