Legal Question in Education Law in California

We recently signed a settlement agreement but missed that the opposing counsel had thrown in a couple of items that we had not discussed, which gives the other side advantages we had neither discussed nor agreed to. Do we have any recourse in this case? Was what the attorney did ethical? Can we report his behavior to the Bar Association if it would be considered unethical? We are in California and this was regarding education law, specifically denying our child transportation to an NPS and denying the school district's obligation to pay for extended school year despite their admission that she requires ESY in order to avoid significant regression over the summer break.


Asked on 5/12/11, 9:45 pm

2 Answers from Attorneys

It does not appear from your question that the attorney did anything unethical. The other parties' attorney has no obligation to you to review the agreement line by line with you. It was your responsibility to properly review the agreement before you signed it. I am sorry you missed the couple of items, but the attorney did nothing wrong.

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Answered on 5/14/11, 7:55 am
Andrew Harrell W. Andrew Harrell, Attorney at Law

I totally disagree with the previous response. First of all, this is a California case and any professional misconduct is governed by the State Bar of California. Second, it appears that you may have been unrepresented. If so, opposing counsel has heightened ethical obligations in dealing with you. Third, there are a number of theories that will allow you to rescind this agreement, e.g., if there was duress, if the agreement was an adhesion contract because one party had superior power, resources, etc. Finally, before any attorney can properly advise you, he/she needs to know more about the agreement, the context in which an agreement was reached, etc. Contact me if you wish to pursue the matter. (805) 549-7745

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Answered on 5/16/11, 9:27 am


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