Legal Question in Legal Ethics in Arkansas
Unethical
I recently had a trial in which I was the plaintiff and the jury ended up finding in my favor. However, while the defendant's counsel was cross examining me they brought up a settlement offer that I had declined. This immediately caused an uproar in the courtroom and the jury was cleared. My attorney informed me that their attorney was not allowed to introduce settlement offers and that I was entitled to a mistrial. I opted to continue with the trial because a mistrial was not an option at this point. I am wondering what the law is about attorneys not being allowed to bring up settlement offers by either side during trial? I am planning on filing a complaint against their attorney with the bar association. I feel that his intent on doing this was to induce a mistrial. Please let me know what the law is governing the introduction of settlement offers during trial. Thank you.
1 Answer from Attorneys
Re: Unethical
Introducing settlement offers at trial is a well known violation of the rules of procedure; so the opposing counsel knew what they were doing and should have been reprimanded by the court.