Legal Question in Legal Malpractice in California

998 Issues

In a personal injury case a client gave permission to his lawyer to submitt a 998 to the company whose property he was injured on. The 998 was issued for 100,000 dollars and the company rejected it. While still waiting for trial to take place the attorney submitted a second 998 without informing the client or obtaining his permission this 998 he requested 200,000 dollars. The client won the trial and was awarded 150,000 dollars, but because of the second 998 the court expenses that would have been paid, were not, because of the second 998. The attorney wants the client to pay those expenses and the client wants the attorney to pay because he submitted the second 998 that the client would have never allowed him to submitt. Who is in the right.


Asked on 11/02/99, 7:02 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: 998 Issues

the lawyer committed malpractice and should pay. Notify the lawyer that you are disputing that portion of the fee. He is required to hold that in trust and pay the rest of the money due you now. you can then arbitrate the fee dispute.

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Answered on 11/03/99, 12:17 am


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