Legal Question in Medical Malpractice in New York

Do i have to continue suit?

My friend hired a lawyer for a medical malpractice action, but told the lawyer he didnt want to go to trial, he wanted to settle the matter out of court; and then decided (after 6 months) that he no longer wanted to sue, so he told the lawyers that he wanted to drop the case; because they want him to go to trial. He was threatened with legal action if he dropped the case. He wants to know what they can do to him if he refuses to follow through with the case and drops it?

Asked on 7/17/07, 11:18 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Do i have to continue suit?

Your friend has no obligation to continue his suit and no one can "force" him to pursue it. Depending on the retainer agreement he signed and how a judge interprets the agreement, your friend could be responsible for the attorneys out-of-pocket expenses and in some cases, even the value of their services.

Medmal cases often take longer than any other type of case (several years) because they rarely settle quickly and extensive discovery is required by both sides.

A client who states upfront that he is unwilling to go to trial is a RED FLAG to many experienced attorneys.

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Answered on 7/18/07, 2:26 pm

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