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


Asked on 1/31/01, 2:35 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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.

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Answered on 3/15/01, 10:45 am
Ken Koury Kenneth P. Koury, Esq.

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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Answered on 3/15/01, 1:07 pm


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