Disagreement w/ Lawyer

[ivanl3]

What is the name of your state? MI

I am the plantiff in a civil suit. I agreed to enter mediation in hopes of reaching a settlement. The final amount offered by the other side (after weeks of mediation) is below my expectations. My preference is to take the case to trial. We have a court date in September. My lawyer has now told me that he is not willing to take the case to trial. His advice is to accept the offer or find another lawyer. I sought out other lawyers, but none are willing to accept the case this late in the game. Seems like I have no choice but to accept the offer on the table. Any other ideas?

 

[ivanl3]

Bumping to see if I can get a response from anyone.

 

[las365]

What explanation has your lawyer given you about why he thinks the offer is reasonable? It may be that your expectations are unrealistic.

 

[ivanl3]

What explanation has your lawyer given you about why he thinks the offer is reasonable? It may be that your expectations are unrealistic.

He has not offered an explanation. Perhaps my expecations are unrealistic (although I don't think they are), but he had told me countless times before entering mediation that it would be "my decision" to accept their offer or take it to trial. Only when I chose to go to trial, did he change is tune (180 degree turn -- he absolutely lied to my face). And he did it so late in the game, it made in impractical to find another lawyer. When I asked him to justify his decision, he studders, fast talks and offers no logical explanation. He basically begs the question and repeats that he is not taking it to trial. My speculation is that his firm is having a cash flow problem and does not want to risk losing at trial. He may also need money now to keep his firm afloat. Admittadly, this is only educated speculation on my part.

I am strongly considering refusing the offer and dropping the case rather than accepting the current offer on the table. This will hurt him and me, but at least I will not have to live w/ accepting an insulting offer.

The other lawyers I spoke w/ conceded that it was impossbile for them to refute or validate my expecations w/out delving into the detail of the case. They did also say, however, that on the surface, the offer seems very light. They just could not take the case so late in the game.

Any suggestions?

 

[Dandy Don]

Ask him specifically about the merits of your trial (whether he thinks you can win if you go to trial). Of course he wants to settle because he automatically gets a cut of that, whereas it is risky if you go to trial. If he won't give you an answer that sounds reasonable, then fire him and get someone else.

 

[Rexlan]

Having not been said my guess is that you are not paying for the representation and the current guy feels it is not worth the effort to go further on a contingency or that on balance the additional work involved is not worth the risk or gain.

I am certain that if you will pay for the service that any attorney will take the case. It is never too late for a new attorney to step in so that is just a fabrication in someone’s mind or being used as an excuse to decline.

If you don't want to pay for the representation then you should take what you can now or you will probably get nothing. There is seldom anything fair about it so you will need to dismiss the emotional aspect if possible.

 

[ivanl3]

Correct, my current lawyer was hired on a contingency basis. Thanks for the suggestion of hiring a new lawyer to work under different terms (hourly, flat fee, etc.). i had not considered that option. After considering it, Idecided against it. While I am willing to drop the case and get nothing, as well as risking losing the case at trial and getting nothing, I am not willing to put out-of-pocket cash on the line.

So here is what I decided to do. I told my lawyer that I am not willing to accept the offer, thus it is his call to drop the case (fine by me) or take it to trial. His respnse was that he would cut his contingency if I would accept the offer. I said no. I told him to contact me when/if he is willing to prepare for trial, otherwise he should inform the court that I have decided to drop the case. He is irate w/ me. I couldn't care less as he is bald faced liar who needs this money a lot more than I do. We will see what he does....FYI - he has about $125K to on the line if I walk.

 

[Rexlan]

You are being foolish.

If your case is not worth an investment on your part why do you think any one else would be interested in carrying your ball? You are misguided and what I would consider a bad client.

Additionally, if you "walk" I would probably sue you for the breach and that $125K will be my damages. You should re-think your position as your attitude may buy you enough trouble and separate you from some of that out-of-pocket cash you are concerned about.

 

[Dandy Don]

What are the circumstances/briefly stated facts involved in your suit? What is being offered and what do you want to be offered as far as a settlement?

 

[ivanl3]

You are being foolish.

If your case is not worth an investment on your part why do you think any one else would be interested in carrying your ball? You are misguided and what I would consider a bad client.

Additionally, if you "walk" I would probably sue you for the breach and that $125K will be my damages. You should re-think your position as your attitude may buy you enough trouble and separate you from some of that out-of-pocket cash you are concerned about.

I am not concererned about being sued. I have countless letters and e-mails from him stating that it would be my decision to accept what (if anything) was offered in mediation. I am simply opting not to accept the offer. It is his perogative to quit the case before trial. I would actually welcome him suing me due to the <bad> publicity it would generate for him.

I actually have a recent e-mail from him suggesting that I find another lawyer if I am not willing to accept the offer and "we (him and me) would shake hands and part ways amicably". It also states in the contract I signed w/ him that I would have sole discretion to accept or reject any pre-trial offers made by the defendant.

There is no realistic chance he sues that is why he offered to reduce his contingency. Besides, even if I am wrong I have a $1M personal umbrella policy to protect me.

 

[Rexlan]

Well good for you. With an attitude like that I'm sure you will be happy and live forever after.

 

[ivanl3]

Well good for you. With an attitude like that I'm sure you will be happy and live forever after.

OK, I will bite and take the bait to go OT on this rabbit trail.....What attitude would you suggest me to have given the bald faced lies that were made to me?

 

[tranquility]

The attorney will be entitled to quantum meruit compensation if you don't prosecute the case. You can take what ever attitude you want, but by surrendering when there is an offer on the table, the attorney has been cheated from pay which is rightfully his.

The attitude you should take is to get over yourself and your theory of "lies" and either take the offer or take the case to court on your own dime.

 

[ivanl3]

The attorney will be entitled to quantum meruit compensation if you don't prosecute the case. You can take what ever attitude you want, but by surrendering when there is an offer on the table, the attorney has been cheated from pay which is rightfully his.

The attitude you should take is to get over yourself and your theory of "lies" and either take the offer or take the case to court on your own dime.

i've already stated that I am more than happy to take it to trial. That is the whole point of this issue. It is my lawyer who is refusing to take it to trial. Thus, he would be quitting the case (not me). All I am doing is refusing to do is accept the offer on the table. So by him quitting he is forefeting any chance of getting paid at all b/c I am not going to accept the current offer (and let him take his $125K w/out taking it to trial).. He cannot force me to accept an offer; even he admits that. That is why he is so angry and may actually reverse course and take it to trial. We'll see. He thought he could strong arm me into accepting an offer I felt was too low. No lawyer can force their cleint to accept an offer or make a plea against their will.

BTW, the 'lies' thing is not a theory. It is fact. My lawyer even admitted he lied when I called him on it. He also made some lame excuse for doing so. Something to the effect of "well when I said it was up to you to go to trial or not, I never thought you wouldn't accept the offer in mediation". I am half tempted to sue him for misreprsentation....

 

[Zigner]

It IS up to you if you want to take it to trial or not. Doesn't sound like ANYTHING was said about him representing you at a trial in which you stand to lose, or win less than the settlement.

As many have said, you are being foolish.