Legal Question in Legal Malpractice in New York

If a lawyer handles a case and convinces a client to wait and go to court despite the client reluctance to do so. Then refuses to let her settle and loans money instead to handle any expenses, she might incur to disuade her from settling and then handles the case in a manner that the client doesnt want. ( the client stated that she didnt want much money , only a fraction more than what was offered and he asked for 4 times that amount and lost the case) Can this lawyer be sued if they lose the case ?


Asked on 7/20/10, 7:33 pm

2 Answers from Attorneys

Its hard to answer your question without know the specific facts. However, I can say that whether or not to settle is supposed to be up to the client. I am a former federal and State prosecutor and now handle civil cases including legal malpractice cases. Please feel free to check out my web site and contact me.

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Answered on 7/20/10, 11:17 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

An attorney has an obligation to present any settlement offer to their client. As far as costs of litigation a personal injury attorney can pay reasonable costs needed to prosecute a claim. I think from reading your question it seems that given the amount spent on your case by the attorney the settlement offer would not have generated much money to you. Perhaps, that was the reason the attorney couldn't settle this case? If the attorney did not tell you about the settlement offer that is problematic.

You should also realize that there are no guarantees in

Litigation and you are always taking the risk of losing should the case go to trial. I would be happy to go over the facts of the case with you and discuss.

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Answered on 7/21/10, 5:19 am


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