Legal Question in Legal Ethics in California
if mediation settlement was signed when plantiff was on changing program between antidepressants, now is found to be indanger to himself and others, the settlement being one of the reasons...have his rights been ignored, is the settlement binding?
Asked on 4/21/11, 10:05 pm
3 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
The settlement will almost certainly be binding.
Answered on 4/22/11, 1:10 am
Anthony Roach
Law Office of Anthony A. Roach
It depends on whether the court would find that the person was mentally competent when they signed the agreement. It sounds like an excuse to be a nuisance to me.
Answered on 4/22/11, 6:01 pm
The settlement is binding unless he can prove he was mentally incompetent to understand what he was doing and incapable of forming consent. It would be roughly the equivalent of an insanity defense in criminal law.
Answered on 5/02/11, 10:17 pm
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