Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win
winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.
A:
I don't have enough information to answer your question, but here are some observations:
1. If both sides accepted case evaluation, then the attorney should not need your permission to proceed to obtain a judgment.
2. If you agreed in mediation to a settlement, then it may make sense for the attorney to seek to implement the settlement. If the other side agreed to, then repudiated, the terms, I would expect for the attorney to consult with you before enforcing the terms.
3. Attorneys are sometimes reluctant to take on a case that has already been handled by another attorney. A client's inability to maintain a relationship with an attorney may be a sign that the client has unreasonable expectations. Of course, the client may be reasonable and the reason for a failure in the relationship may have been the attorney's fault.
Brent T. Geers agrees with this answer
A: I agree with Mr. Morris' observations. If there is a mediated settlement, what would there be for another attorney to do? If you entered into an agreement, you can't just change your mind and decide to fight on, even if it is a "winning" case. Your new attorney would be stuck with that same agreement.
Kenneth V Zichi agrees with this answer
A:
Did you accept mediation? Then the Court case is over, whether or not it is a 'winning' case. So the question then becomes:
Is your attorney telling you since you accepted the mediation award, the case is over and you don't like that? Sorry, your attorney would be correct if those are the facts.
Because you don't LIKE the advice doesn't mean it isn't right, and it isn't a 'misstep' to provide good advice to a client even if you don't like the advice.
It isn't so much that another attorney would 'avoid' your case, but that if you've demonstrated you don't want to accept good advice. It would therefore probably be in the ATTORNEY'S best interest to avoid getting in the middle of such a case. That said, if the current attorney actually HAS done something wrong, you shouldn't have an issue finding another to help you. Looking to get a second opinion is always appropriate, but be aware, if the mediation has been accepted, the case is 'over'.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
