Legal Question in Disability Law in Illinois
When to settle and when to fight?
I was faxed an agreement to sign that would settle my pending
legal matter already filed in court. There were numerous errors
and omissions (a letter regarding my employment for one) and I
mailed my attorney an outline of the errors. He admitted he did not
read the agreement and praised my former employer's attorney
like ''what a nice person she is.'' There are issues that are
unresolved, like backpay from overtime that have not been
addressed and I when I pushed for those issues to be addressed
my attorney grew angry and asked for an additional retainer fee
and told me I would have to go to Chicago for depositions. As a
direct result of my former employer's behavior, I have a bleeding
ulcer and my bipolar disorder is unstable. I can't afford to fly to
Chicago because I haven't worked since being fired and moving
home to Texas as per my doctor. I have a well documented and
strong case. Should I give up and settle or push on?
2 Answers from Attorneys
Re: When to settle and when to fight?
That is NOT the way to settle a case. Don't do it.
First, find out exactly what your legal standing is, where the case is, and why your attorney is willing to overlook clear errors and ommissions to settle the case: it's cards on the table time between you and your counsel. Did your counsel fail to file certain documetns? Find out now. You shouldn't have to pay an additional retainer for that. If your attorney's behavior has jeopardized your case, then you reduce the contingency fee as a condition of settlement.
If your case is that strong, then get another attorney, one with the money to fly you to Chicago.
What bothers me most though, is that your attorney never bothered to read the agreement. I've NEVER had a settlement agreement that I haven't fixed in some way. EVER. And, I worked across the table from some of the top lawyers in the country. There is ALWAYS room for imnprovement on a first offer.
You definitely need a second opinion, because if you have found errors yourself, and your attorney didn't bother to read the agreement, you are not getting good legal advice and if you follow it under those conditions, you will have no one but yoruself to blame.
Re: When to settle and when to fight?
You can not post a question like that in a public bulletin board that and expect to get an answer from an attorney. Your situation deserves and requires a private consultation with an attorney in the forum where the employment action took place.
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