I don’t entirely trust the lawyers who are representing me in a lawsuit. Is it possible to sue the law firm after they’ve reached a settlement?
Hello, Good afternoon. I would like to know if a settlement amount I was not convinced with but settled with my law firm. Can I still turnaround and sue the law firm? The reason is because they referred me to a doctors office that did not perform the surgery in time.
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It would be extremely unethical and illegal for a lawyer to take more of the fee than what they agreed to do. Doing so would not only be against most state laws, but it would also violate the American Bar Association's rules (Rule 1.5 of the American Bar Association's Model Rules of Professional Conduct). If you feel like your lawyer is going to commit a crime against you, then it's time to dump them immediately and report them to the state bar.
I totally understand your concern, but in my years as a lawyer, most lawyers aren't willing to just steal from clients like this. Also, the agency you are suing will not give money without proof that you've signed the document, since you're the actual client, not the lawyer.
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Hello, Good afternoon. I would like to know if a settlement amount I was not convinced with but settled with my law firm. Can I still turnaround and sue the law firm? The reason is because they referred me to a doctors office that did not perform the surgery in time.
Legal Eagle
Hello! Legal Eagle here. I'm reviewing your issue in detail. To clarify, you agreed to the settlement amount?
Not yet, but they have proposed an amount.
Legal Eagle
So you're wondering if you settle with the firm if you can still sue after the fact?
Yes.
Legal Eagle
Got it - no, you can't. If you settle, it means it's settled. It would not allow you to sue them unless they breach a term of that settlement.
How do I know the settlement amount is what the law firm actually settled for? Is there a website that shows this information?
This is a case against the city and a government agency.
Legal Eagle
I'm a little confused. These are your lawyers settling this case on your behalf, but they're not telling you what they proposed?
They are giving a price range of what the case would settle for. However, where does this information (the settlement) get posted? For all I know the lawyer could already be deducting a 33 1/3 contingency fee twice.
Legal Eagle
It would be extremely unethical and illegal for a lawyer to take more of the fee than what they agreed to do. Doing so would not only be against most state laws, but it would also violate the American Bar Association's rules (Rule 1.5 of the American Bar Association's Model Rules of Professional Conduct). If you feel like your lawyer is going to commit a crime against you, then it's time to dump them immediately and report them to the state bar.
I totally understand your concern, but in my years as a lawyer, most lawyers aren't willing to just steal from clients like this. Also, the agency you are suing will not give money without proof that you've signed the document, since you're the actual client, not the lawyer.
Understood. But is the settlement amount public information? Basically I'm just going based on the information provided by the law firm. How can I confirm such information?
Does the agency provide a document of what they are offering?
Legal Eagle
Usually yes - they are typically in writing.
As a client, can I request that document?
Legal Eagle
Yes. Your lawyer needs to communicate with you and if you are having these deep trust issues with the lawyer, I'd ask for that specific paperwork the agency sends so you can verify.
Ok makes sense. Yes the reason I am having trust issues with the lawyer is because they referred me to a medical practice that was supposed to perform a foot ligament surgery two years ago as per my current doctor. However the doctor did not perform the surgery, and three years later my lawyer is stating that this affects the settlement amount in the case.
Due to this, I decided to look for another law firm to transfer the case. Perhaps the new law firm on the case can wait for the surgery to be performed by the new doctor, and this can also strengthen the case.
Legal Eagle
I hear you! That makes sense you're having trust issues! Just remember that you are the client and the one in control, and they work for you.
I'd take this week to think about it in more detail. It's a big decision to make, but you can always come back here to ask more questions.
Knowing that I can request to see paperwork from the agency, I will do that. But I appreciate your time and help on this matter. Thank you so much!!
I will surely leave a 5-star review.
Legal Eagle
You bet. You're too kind. I'm sorry to hear about your situation! Thank you for trusting AskaLawyer with your question.
Legal Eagle
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