QUESTION
Can I still sue in small claims court after accepting an informal settlement & accepting cash?my divorce lawyer messed up my case & I want to sue him
Asked on Oct 20th, 2020 on Civil Litigation - Texas
More details to this question:
My divorce lawyer messed my final decree and I had to hire another lawyer to fix the mess. My previous lawyer has offered to pay for the fees for fixing the mess but is unwilling to compensate me for his oversight or anything else. Can I accept what he offers and then still sue him in a small claims court? Can he offering to pay for the mess up be used against him in court?
1 ANSWER
No and no. No lawyer would ever pay any settlement amount without an agreement that it was in full settlement of all claims and probably obtaining a release. As for using his offer against him, in order to encourage settlements the law in every state that I know and under the federal rules as well, although I don't know specifically about Texas, makes settlement offers inadmissible to prove liability.
Answered on Oct 20th, 2020 at 12:28 PM