Legal Question in Civil Litigation in Hawaii
Attorney agreed to setlement, is client bound?
I was terminated 4-3-99, then filed Work Comp
stress claim, EEOC sexual harassment, sex
discrimination & retaliation claim. I am pro se in
work comp claim, hired counsel to arbitrate EEOC
claim. She declined arbitration, agreed to $15,000
global, before I read draft of the agreement. The
terms are confusing, onerous & amount low. She
disagreed, billed me approx. $14000 professional
fees. I rejected the settlement & bill in writing. Her
contract has a clause stating she can�t agree to a
settlement w/out client's consent. She responded
she had accepted the settlement so ''too bad'', I
owe her money & she�ll collect. I fired her. Civil
litigation wasn�t filed, no discovery, depositions or
subpoenas. Her claim, flimsy fabrication, was
easily discredited before the bar review board. I
mailed rejection of settlement to work comp
adverse counsel & demanded release of my
employment records. He wrote since I hired
counsel to arbitrate the EEOC claim & she agreed
to $15,000 global, I am bound to that agreement &
in breach if I don't sign the contract. Am I bound?
Is there an exception? Can I retract my attorney's
agreement? Is arbitration in litigation an option?
The statute of limitation OK
2 Answers from Attorneys
Re: Attorney agreed to setlement, is client bound?
You are not bound by an unauthorized settlement agreement if you did not sign any document to that effect. In any event, $ 14,000.00 fees on a $ 15,000.00 settlement seems exhorbitant. You would be well served by obtaining new counsel. Please contact me directly at (619) 222-3504.
Re: Attorney agreed to setlement, is client bound?
There have been some cases in which courts ruled that under these circumstances the client is bound by the settlement agreement but the client may sue the attorney for malpractice to recover the value of the case over and above the agreement.
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