QUESTION
Am I obligated to sign the written correct even if it’s against my will?
Asked on Sep 27th, 2013 on Personal Injury - Nevada
More details to this question:
I verbally agreed to a settlement but now that the settlement is in writing the terms aren't the same as they were when I orally agreed to it - there have been provisions in there that allow the other party to determine whether the accommodations will be carried out. I want it to state that an objective third party will make that determination. My lawyer also put in the agreement that the majority of the settlement money goes to her, not us. She stated if we allowed her to do that then she would consider that her bill paid in full, but is now refusing to sign a statement to that effect. She has told me today, after I brought my concerns to her, that I have no choice but to accept since I made the verbal agreement. When the settlement terms were explained to me in writing, though, nothing about the other party being able to decide whether or not to continue with the accommodations was mentioned. I would not have agreed to that. Am I obligated to sign the agreement? My attorney says yes, but she has been trying to get the judge to allow her to remove herself from the case and he has told her she is unable to because the case has been going on for more than three years. I think she just wants to settle because she doesn't want to deal with the case anymore, I feel like the settlement wasn't explained to me in its entirety, and I feel like the settlement is being shoved down my throat. Am I obligated to sign? She said I have to sign before the end of business today.
7 ANSWERS
Ronald A. Steinberg
Get a second opinion from someone who can review the file, the paperwork, the settlement agreement, etc.
Answered on Oct 01st, 2013 at 9:28 AM
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Andrew T. Velonis, P.C.
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Well, you may not be "obligated" to sign, but the consequences of not signing may be worse than the consequences of signing. Many times, we go ahead and put together a settlement package based on conferring with clients and opposing counsel. Once a client has agreed to the terms discussed, the attorney has to be able to depend on the client following through in order to put the agreement together.
Answered on Sep 30th, 2013 at 7:52 AM
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Gregory M. Janks, P.C.
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As a general rule, you do not have to sign a settlement that does not correctly state what you agreed to. If your verbal agreement was on the record, you should order a copy of the transcript so you can compare what was verbally agreed to and what is written in the settlement papers. You could then ask your lawyer for advice or to negotiate with the other side to make sure the verbal agreement and written agreement match. If your lawyer won't help you, you may have to seek alternate counsel (although most lawyers aren't going to want to step in the end of a matter to try and clean up another attorney's mess), or you could file a Motion with the court saying your lawyer has insisted you sign the settlement, but pointing out to the court that the verbal and written agreements don't match.The judge would then make a ruling. Alternatively, you can refuse to sign the settlement papers and let either your lawyer seek to withdraw or the other side file a motion to enforce the agreement and in either case, you could file a pleading and appear to court to tell your side of the story.
Answered on Sep 27th, 2013 at 10:11 PM
This response will probably be too late, but I do not think you have to sign. You can explain to the judge at a settlement conference why you are not willing it is best to write everything out and give all a copy so that all of your arguments can be presented. Your attorney should not be forcing you to actually so quickly unless you have been dragging your feet.
Answered on Sep 27th, 2013 at 8:09 PM
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You don't have to do anything against your will. Wisconsin law provides that a settlement is not binding until it is reduced to writing or placed on the record (stated in court). However, you should consider whether it would be smart not to settle on the terms set forth in the agreement. I know nothing about your case, but you may end up being unhappy if the settlement falls apart and you are forced to try the case.
Answered on Sep 27th, 2013 at 5:07 PM
Thomas Edward Gates
No, under contract law, what was discussed and agreed upon has no merit against the written word. Often, the terms are not as agreed, however, it is your attorney's responsibility that the agreement puts you in the best light. She has no club to force you to sign. If she refuses to represent your interest, tell her you will file a Bar complaint.
Answered on Sep 27th, 2013 at 4:59 PM
No. If the written agreement is not what you agreed to verbally, don't sign it.
Answered on Sep 27th, 2013 at 3:18 PM