Legal Question in Business Law in New Hampshire

proposed settlement in a law suit

What happens when 2 parties are name in a law suit, like tate vs smith and jones, the 2 parties are represented by 1 lawyer and the other side proposes a settlement offer one party wants to accept and the other party doesn't? Can one party accept and be removed from the case leaving the other to continue? what happens with the lawyer, can he still represent one or either of them?


Asked on 3/14/07, 1:33 pm

1 Answer from Attorneys
Herbert Cooper Law Offices of Jameson & Cooper

Re: proposed settlement in a law suit

It can be a little complicated, because of obligations between defendants, contribution, etcetera. If one party wants to settle, it would seem that there would be conflict between the two defendants, and the attorney would have a potential conflict representing both at the same time. The short answer would probably be that the attorney cannot represent both if there is a disagreement between them.

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Answered on 3/22/07, 6:02 pm


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