When a client is selecting an attorney to represent their interests in a case, they do so with the understanding that they are entrusting that attorney to diligently handle their matter. For most clients, this case is their first experience with the legal system, and for that reason, they select an attorney who is competent to not only handle the matter but advise them along the way.
When the time comes to discuss potential settlement of the case, the client often looks to his/her attorney for guidance. Since the attorney has more experience with the legal system, the client trusts that their attorney will make the appropriate recommendations. There may be many different reasons for an attorney to recommend that their client settle a case. For example, the offer may be reasonable for the damages suffered or the client may be ill and not wish to proceed to trial, so they make the decision to settle their case for the current offer.
However, if the attorney is not prepared to go forward with the litigation of the case due to the fact that she has not engaged in any discovery and trial is in the upcoming weeks, that basis alone, should not be a reason for settling a client’s case. If your attorney failed to properly handle your case, or advised you to settle because they were not prepare to move forward with the next step, call our office today to discus your possible legal malpractice claim.