Legal Question in Civil Litigation in Minnesota

settlement

if you settle a case, and the opposing lawyer adds onto it ''with prejudice'', does that mean you can not take any future action against the opposing attorney for unethical behavior or other reason because he was part of the settled case?


Asked on 3/10/05, 10:05 pm

3 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: settlement

"With prejudice" means you cannot re-file against the opposing PARTY.

I should find out more about the conduct of the attorney before I advise you on filing anything against that individual.

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Answered on 3/10/05, 10:10 pm
William Stern William Stern, P.C.

Re: settlement

With prejudice, means that you cannot start additional actions against the defendant arising out of the subject matter involved in the case. As far as any action against the opposing attorney, a settlement with prejudice would generally not prevent such action. However, remember that the opposing attorney owes only a duty to his client, not to you. If there was any unethical behavior involved in the case, it generally should be addressed by the trial judge. With the case resolved, it is highly doubtful that the trial judge will hear any further matters on that case. William S. Stern

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Answered on 3/10/05, 10:24 pm
Steven Vatndal Law Office of Steven J. Vatndal

Re: settlement

"With prejudice" restricts your future options as to all parties to the case. Whether a non-party attorney should/could be persued either civilly or with the Board of Professional Responsibility is a question thast is impossible to answer without more facts.

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Answered on 3/11/05, 8:16 am


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