QUESTION
Is my attorney obligated to accept the offered settlement as plaintiffs for me on a workmen’s compensation case?
Asked on Apr 03rd, 2014 on Labor and Employment - New York
More details to this question:
I have been offered a settlement as plaintiffs. I have instructed my attorney to accept it. He is refusing to do so because he believes the offer is too low. Is he obligated to accept this for me on my workmen’s compensation case?
12 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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YES if you gave written orders to the attorney to accept the offer of the defense exactly as offered, then either the attorney follows your directive or resigns. There is no such thing as a Plaintiff in Workers Compensation (and there is no such thing as 'workmen's compensation', so I do not believe you grasp the offer nor what rights and benefits you are surrendering... you should very, very seriously reconsider accepting an offer when you do not know the name of the law you are pursuing nor your standing as an Applicant. IF the offer is too low as are most defense opening offers the attorney will spend hours getting all the necessary signatures then submitting it to the court only to have the WCAB Judge refuse to approve it and set the matter for a conference, wasting hours and hours and hours of your attorney's time for no money. Why are you so eager to take such a low sum?
Answered on Apr 23rd, 2014 at 11:27 AM
Yes, the client makes all the decisions on settlement offers.
Answered on Apr 07th, 2014 at 10:08 AM
Ronald A. Steinberg
YOU are the client, and the lawyer is supposed to do what you tell him, as long as it is not illegal or unethical. If he refuses, then you need to do one of 2 things; either fire him and get another lawyer, or tell him that if he fails to get what was offered (in other words if he goes to trial and loses), he will be obligated to pay you the amount you would have gotten if the case settled.
Answered on Apr 04th, 2014 at 7:04 PM
Edwin K. Niles
He works for you. You're the boss.
Answered on Apr 04th, 2014 at 5:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, but you probably should really listen to him. Chances are there is plenty of wiggle room on the part of the insurer and it may not take much to get more money.
Answered on Apr 04th, 2014 at 5:47 AM
Thomas Edward Gates
As the plaintiff, he is required to follow your direction. By pushing for a higher amount, he just wants to be compensated at a higher amount. If he still refuses, tell him that you will file a Bar complaint.
Answered on Apr 04th, 2014 at 5:46 AM
James Eugene Hasser
Yes, he should accept, but you need to listen to him. He is supposed to have your best interest in mind. You got him for a reason. Trust his judgment. The two of you need to work out a settlement strategy.
Answered on Apr 04th, 2014 at 5:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your attorney is required to follow your direct instructions, no matter how foolish.
Answered on Apr 04th, 2014 at 5:44 AM
Usually, an attorney must accept a settlement offer that the Client instructs the attorney to accept.
Answered on Apr 04th, 2014 at 5:44 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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The client is normally the one that makes the key decisions in a case.
Answered on Apr 04th, 2014 at 5:44 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The Michigan Rules of Professional Conduct, Rule 1.2(a) indicates "A lawyer shall abide by a client's decision whether to accept an offer of settlement . . . of a matter.".
Answered on Apr 04th, 2014 at 5:44 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Let me get this straight: your lawyer is telling you that the offer is too low, but you want to accept it anyway? Of the hundreds of cases that I have handled over three decades, I have never had that happen. I have had many cases in which I have advised a client to accept an offer in which they were reluctant to do so because they felt it wasn't enough. Ok, well, yeah the attorney is obligated to accept the offer on your behalf at your instruction.
Answered on Apr 04th, 2014 at 5:43 AM