Legal Question in Business Law in New Jersey

If an attorney who is representing their client breaches a settlement by not following the terms of the settlement on behalf of his client, than admits in a plea bargain to a frivolous lawsuit he brought on behalf of his client causing such breach. Used the settlement as evidence, making that settlement public while knowing there was a confidentiality within that settlemt and breaching a claus of opportunity to cure while not giving the other party the opportunity to cure and furthermore doing it in a court outside the specified jurisdiction the settlement states. Can you sue both that attorney and his client for multiple breaches of that settlement agreement?


Asked on 10/07/19, 10:18 am

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

It would be unusual for an attorney to be a party to a settlement agreement his/her client is a party to---such would seem to create an immediate conflict of interest. However, as a general matter, all parties to contract may be sued for their breaches of the contract. Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 10/07/19, 11:34 am


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