Q: Can a defendant's attorney change a settlement agreement/release after plaintiff has signed off?
CALIFORNIA Pi case two questions:
I asked for $10,000 and my passenger $6,000. My attorney said that the defendant's attorney offered me $8,500. I asked my attorney to try and settle for $10,000. I didn't hear back from her until she mailed me the defendants settlement agreement. The trial has been taken off the court's calendar. The defendant's agreement clearly states $10,000 for me and $6,000 for my passenger for total of $16,000. I signed and mailed it back to my attorney. Now, I am being told that $8,500 is what I am being offered and my passenger $6,000 for a total of $14,500. Can the defendant's attorney change the agreement after I signed the contract for $10,000? Also, my attorney never was able to get discovery evidence regarding the defendant's insurance policy due to him leaving the U.S., thus I can't make a claim for Underinsured Motorist through my insurance. Defendants attorney claims that it can not be released without his client's consent. Is this Bad Faith?
A:
Once a lawsuit has been filed, you are entitled to learn of the Defendant's policy limits through discovery. Have your attorney serve some form interrogatories which contain that question.
If the defense attorney changed the settlement agreement to something to which you did not agree, then you do not have a settlement. I assume that the original agreement has clear interlineations or modifications that are not initialed by you. You can inform your attorney that you dispute the settlement and will not accept the funds and that he must communicate that to the defendant's attorney immediately. If the defense attorney has done something unethical, you can report him to the State Bar.
A:
I would argue no. If they tendered the release--a contract--and you and passenger accepted, that's a deal.
They can't redo. If your attorney prepared the release hoping that would attract their attention, that's different but they made an offer, you accepted, case off trial list it's binding in my eyes.
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