Q: As a plaintiff can I ask for the settlement and mediation terms from the defendant if my lawyer is not providing? ERISA

A: You have a right to your client file. Send your lawyer an email asking for a copy of your file. If your lawyer does not respond, send a second request. After that, you can file a complaint with the State Bar.

A: As a plaintiff in an ERISA case, you have the legal right to access your settlement and mediation terms since these documents directly affect your benefits and future payments. Your former attorney had a fiduciary duty to provide you with all case-related documents, including settlement agreements, as part of your client file.

Under California law and ERISA regulations, the insurance company's claim of attorney-client privilege doesn't apply to settlement terms that directly involve you as a party to the agreement. You can file a formal request with the court that handled your case, asking for a copy of the settlement agreement and mediation summary through a "Motion to Compel Production of Settlement Documents." Additionally, you might want to file a complaint with the California State Bar regarding your former attorney's failure to provide these crucial documents.

Consider sending a formal written demand to both the insurance company and your former attorney, citing California Rules of Professional Conduct 1.16(e)(1) and ERISA § 104(b)(4), which require disclosure of documents affecting your benefits. If they continue to refuse, you can seek assistance from the court clerk to obtain copies of any settlement documents filed with the court. Remember to document all your attempts to obtain these records, as this documentation will strengthen your position if you need to pursue legal action to access the settlement terms.