Legal Question in Business Law in California
I retained legal counsel to represent me in a matter against a defendant who owes me $27,000 in a viable contract dispute. The sleazy defendant first claimed that there was no contract and then when I provided him a copy he said it wasn't his signature and then that he didn't recall signing it etc. With mounting attorney fees both present and anticipated, I determined that it wasn't viable with this cat and mouse game. So, 2 weeks ago we decided to settle the matter for $18,000. I signed the settlement agreement and it was forwarded to his attorney for his signature. Despite repeated requests from my attorney, his attorney said he was too busy to have the defendant sign it and that he would likely get to it today. It is obvious that he and the defendant are intentionally prolonging this matter. Is there something that we can do to expedite this matter? Would a complaint with the Bar Association against his attorney help to speed this matter?
3 Answers from Attorneys
A complaint against his attorney will get you nowhere. His attorney has absolutely zero obligation to you of any kind, so there is nothing for you to complain about. The only way to motivate a party that is stalling a settlement to move forward is to ramp the litigation back up. Send out some discovery, notice a deposition, request a trial date. Make it clear that if they don't finalize the settlement quickly, it's going to cost them.
I would also add a couple of questions: Does the contract contain an attorney-fee clause that would cover the situation? Does the defendant have deep pockets, property, etc. with which to satisfy a judgment? Some of this kind of information is helpful, or even necessary, to allow your attorney to make a decision on whether and how to pursue a case. Of course, the main consideration is always the winnability of the suit.
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