Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
My question relates to legal practice in the state of: Indiana
I hired an attorney to represent me in discrimination case against my previous employer. Six months ago, I turned down the settlement offer. Trial is in 3 months. I have not heard from my attorney since depositions were taken 5 months ago. Yesterday, I received his notice to withdraw. Although I doubt it will help I am going to file a motion that the court deny his request. Here's what is bothering me the most ...
In his letter to me, he states that the employer still wants to settle. And he adds:
However, prior to filing our withdrawal, I will give you an option: you give us full and
complete authority to settle the case for whatever we can secure from Defendant, and we will
negotiate a settlement on your behalf. This means that you would give us the authority to resolve
the case for any amount, absent any "bottom line" authority from you.
I cannot afford to hire another attorney and this makes me feel like I am being coerced into signing away my client rights or something ... I must agree to an unspecified settlement or I have no lawyer.
Is his actions right and ethical?
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
There's nothing wrong there.
It would appear that the attorney thinks that going to trial might actually not be in your best interest (maybe your chances at trial aren't as good as first thought?).
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
Thanks for replying. He does state that he thinks I will not win. Actually, I believe I would win but I would not receive much if any award due to lack of mitigation. He is withdrawing because it is not financially beneficial to him. The part that bothers me is his asking that I agree to any unspecified amount.
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
If you don't have a strong case, anything is better than nothing.
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
I agree with cbg - the attorney is offering you a "Look, do you want something, or nothing at all? If we keep going, there's a good chance you'll get nothing" option.
I know what I'd do.
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
Hi cbg. My case, I think, is strong. I made several complaints to HR and upper management. I was reprimanded for complaining. The last time I reported my manager's misconduct to HR, the HR director threatened me with disciplinary action and then I was fired two days later, no questions asked.
I want my day in court. That's worth more to me that a few thousand dollars.
I just want to thank you all for your replies. I can't overstate how great it is to be able to bounce these questions off other far more experienced folks. So very, very appreciated. I'm going to set up a meeting with my attorney next week. I feel better able to handle a discussion with all your sane input. Thanks!
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
I understand where you're coming from, truly.
But lawsuits are essentially about money. And if you go to trial and lose, there's an excellent chance that you'll be paying your employer's legal fees too.
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
It sounds like the problem is that there is a huge difference between what your lawyer has come to believe your case is worth and what you believe you should receive.
If the employer has previously made an offer, you may be able to convince your lawyer to proceed with settlement negotiations with that prior figure as a minimum settlement amount; but if the employer has had to incur additional costs or your case now appears to be weaker, it's possible that the offer is no longer on the table and that your lawyer expects that the employer won't even go that high. You will need to clarify what your lawyer expects by talking to your lawyer.
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
May I ask what kind of misconduct you reported? It makes a HUGE difference.
Re: Lawyer Withdrawing Unless I Agree to an Unspecified Settlement
Thanks, Mr. Knowitall. That's a very good idea. It gives me negotiating room for at least a minimum figure. I just don't think I could agree to his condition of accept any unspecified amount.
Thanks very much.