Q: If my son's attorney recommended a settlement that we think is just to
clear the case off her desk, do we have a malpractice claim?
A: No. If you don't like the settlement offer, reject it. Your attorney can either take your case to trial, or withdraw. You are then free to find another attorney and your old attorney will have no claim for fees. You could also fire your attorney, but if you fire him, he will have a lien on your case for the value of the services he provided thus far. He would split the attorney fee with a new attorney, if you can get one. It's hard to get a new attorney when the fee has to be split with the old attorney.
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