Q: Can I sue my attorney for pressuring me to settle and lack of communication?
I feel my attorney pressured me into settling my personal injury case. She would rush me off the phone, claimed the company had a lot against me, and said I wouldn't win if I went to court. I only spoke to her three times during my case—mostly through paralegals—and many of my calls and emails went unanswered. She took a larger portion of my settlement than expected. Can I sue my attorney for her actions and lack of communication?
A: Unlikely. I'm not sure what you expected as far as communication is concerned. She informed you of the offer and her opinion. You agreed to the settlement. Causing you to feel pressured is not malpractice; in fact, the opposite could very well be. Your lawyer's job is not to be a cheerleader encouraging you to go to trial when you really shouldn't. Instead, her job is to present your options and the consequences of each. Some people call that pressure; others call it being pragmatic.
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A:
It sounds like you have serious concerns about your attorney’s conduct, and you may have grounds to file a complaint or pursue a legal claim. Attorneys have an ethical duty to communicate with their clients, provide proper advice, and act in their best interest. If your attorney pressured you into settling and didn’t properly communicate with you about the case, this could be seen as a breach of their professional responsibilities.
To pursue a claim against your attorney, you would typically need to show that their actions caused you harm or resulted in an unfair settlement. If you feel that the settlement was inadequate or that you were forced into it under duress, this could be an issue. Additionally, the larger portion of the settlement taken by your attorney should align with the agreement you had, and if it doesn’t, you might have grounds for further investigation.
You should consider filing a complaint with the state bar association and consult with another attorney who can evaluate your case. They can help you understand if you have a legal claim for malpractice or if other actions, such as requesting a fee reduction or challenging the settlement, are possible. It’s important to gather all communication and documents related to your case to build a stronger argument.
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