QUESTION

I need a new lawyer

Asked on May 29th, 2016 on Civil Litigation - New Jersey
More details to this question:
Sure, to make a long story short, this firm never spoke with me at all but they drafted a retainer without my knowledge, even before meeting with me and I signed it unknowingly before I read it or before it was explained to me, and now that I'm getting better from my major depression, I do not like what they are doing, they know I stand to win lots of money and they are pushing for a trial and I would rather not have a trial ... a negotiated settlement is better for me, but I had to go on the internet and find out these things for myself.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You didn't ask this, but I'll volunteer it anyway.  It takes two sides (at least) to settle.  The only incentive a defendant has to settle a case like this is the fear of the legal fees and possible judgment of a trial.  Often, serious settlement negotiations won't take place until a firm trial date is set, many times not until jury selection begins.  Plaintiffs, therefore, always push to bring the case to trial as fast as possible.  This in no way precludes settlement; it facilitates it.
Answered on May 31st, 2016 at 10:00 AM

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