does your lawyer have to listen to your "orders" 100%

[bigbob99]

What is the name of your state (only U.S. law)? pa

was in a auto accident and switched lawyers seems like a really nice guy but i feel as if sometimes he shuts out what exactly id like to do
ive been saying time and time again please lets put an offer out to the other company and hes stated well such and such time would only get you x y and z

im in a situation where i need the money rather than have a few extra thousand later on im 6 months in and really want this over so legally if i say settle can he choose to not listen or take my guidance i mean im the one paying him in the end

 

[davidmcbeth3]

You lawyer is in charge of litigation strategy. Meaning if he wishes to file or not file a motion then its up to him. You are in charge of accepting settlements, offers, etc. and also of retaining the lawyer (ie not happy? termination is OK).

Can you demand he make an offer? I would think so; the system actually supports this activity. If he refuses then you may file a complaint with the bar assoc. or/and terminate him. I don't think that this would rise to malpractice or other compensation being possible.

You can hire another lawyer too ... nothing in the rules that prevents you from having two lawyers ... I don't know how you are paying the first (contingency etc.) - this may effect your payout.

 

[ecmst12]

Your lawyer is looking out for your best interests. If you refuse his advice, he may drop you as a client. If he's telling you it's not a good idea to settle now, since it sounds like you are still treating, he's telling you that for a reason.

 

[latigo]

“Its your money” and your lawsuit; not that of the attorney, who is nothing more than your hired servant.

So, as long as he is acting in that capacity he must abide your directives with respect to all areas involving settlement of the lawsuit. Moreover, he is professionally bound to promptly relay both your proposals and those of the opposition.

Furthermore, the attorney may not impede the client’s right to exercise that power by any means, including reservations contained in the retainer agreement.

See for example N.Y. County Lawyersʹ Assʹn Op. 699 (1994) where the retainer agreement attempted to switch settlement power to the attorney.
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If the lawyer is so insistent that he can get you more from a jury, tell him to cut you his check for the full amount of your offer and he can get his one the come.

Believe me, he will back off quicker than a Scott Adam’s cheetah leaves a salad bar.

 

[You Are Guilty]

“Its your money” and your lawsuit; not that of the attorney, who is nothing more than your hired servant.

So, as long as he is acting in that capacity he must abide your directives with respect to all areas involving settlement of the lawsuit. Moreover, he is professionally bound to promptly relay both your proposals and those of the opposition.

Furthermore, the attorney may not impede the client’s right to exercise that power by any means, including reservations contained in the retainer agreement.

See for example N.Y. County Lawyersʹ Assʹn Op. 699 (1994) where the retainer agreement attempted to switch settlement power to the attorney.
____________

If the lawyer is so insistent that he can get you more from a jury, tell him to cut you his check for the full amount of your offer and he can get his one the come.

Believe me, he will back off quicker than a Scott Adam’s cheetah leaves a salad bar.

Not that I disagree with your underlying premise, but I don't think a PA lawyer cares one whit about NY Ethics Opinions.

 

[Zigner]

Sounds to me like the attorney is giving the OP sound advice.

 

[sandyclaus]

Just because it's what YOU want to do, or feel that it might be easier and faster to do, doesn't make it the smartest, most prudent, or most strategic move.

That's why you have an attorney to help you through the process. Presumably, they have done this before. They have the experience in reading the case from both sides. They have the expertise in knowing exactly what the best choices should be in order to get you the best settlement or award out of the case.

I'm sure that the attorney COULD feasibly do what you say 100%. Of course, then you would probably be blaming them for not doing enough, or not getting you what you expect or want.

 

[Adam G]

If you refuse his advice, he may drop you as a client.

This is the key. If he withdraws from the case, and it was a contingency fee, he made be entitled to immediate payment for the hours he worked on the case at a to be determined rate (quantum meruit). That would be disaster from the OP's perspective.

 

[latigo]

Sounds to me like the attorney is giving the OP sound advice.

Knowing nothing whatever about the lawsuit, the OP’s personal finances or the expertise, experience and motives of the attorney, I fail to see how anyone in here can make that call.

However, it is not a question of whether the advice is good or bad. The OP wants to know who has the ultimate say with regard to settling his lawsuit. And it sure ain't the prerogative of his attorney/agent.

Nor more than the decision to undergo medical procedures falls within the purview of the care provider.

 

[Zigner]

Knowing nothing whatever about the lawsuit, the OP’s personal finances or the expertise, experience and motives of the attorney, I fail to see how anyone in here can make that call.

Because I am allowed to express an opinion. Mine was formed based on reading between the lines.

 

[latigo]

Because I am allowed to express an opinion. Mine was formed based on reading between the lines.

Well, that’s what the business is about isn’t it? Forming opinions (good, medium or rotten), showing up on time with the conviction to propound them as gospel.
_________________

“A lie is an abomination unto the lord, and an ever present help in time of need.” John Tyler Morgan, the highly revered CSA general and six-term Senator from Alabama, (1824-1907)

 

[bigbob99]

yeah i put my foot down today because i was being walked over and blaintly disrespected by comments that id rather not get into i kept my composure the main lawyer just does not get my financial situation and wont even put together a offer which is he beyond capable of doing even his partner said so

i said look just take the offer out there please i know its not much but thats what i want to do he said it would be mal practice and he would just "waive" me i decided to sign him off tommorow and he expects to be payed even if he will not work for me


what money is he legally entitled to he hasent done much but cause aggravation (he said $285 for paperwork collection i believe) but hes entitled to that after settlement is made with myself and the company correct?

 

[tranquility]

He is entitled to quantum meruit. That means the reasonable value of his services.