Legal Question in Civil Litigation in Pennsylvania
Doctrine of Release for Settlement Agreements
I made a Settlement Agreement with a law firm who I had sued for legal malpractice. The Settlement agreement involved and named 3 lawyers at the firm and the law firm itself.
One woman lawyer involved, unbeknownst to me, retired from the firm prior tomaking the settlement agreement with the law firm.
The Settlement Agreement stated that the law firm and all lawyers and partners who work for the firm were covered under the Settlement Agreement.
On the Settlement Agreement, a law firm director signed, as did a general partner of the law firm. The woman lawyer did NOT sign it.
Now, 2 years later, this woman lawyer is suing me for Malicious Prosecution, claiming she�s not bound by the Settlement Agreement since didn't sign it.
Does the Settlement Agreement signed by the law firm cover all its attorneys who worked on the case, despite the fact that she did not sign the Agreement and had retired before the Settlement Agreement was signed? What PA Statute and precedents would apply to this case?
2 Answers from Attorneys
Re: Doctrine of Release for Settlement Agreements
When you sued the law firm if you did not individually sue the retired attorney she should have no claim against you for malicious prosecution. If you sued her individually also the settlement agreement may provide some defense. Either way you need to secure counsel to either answer the complaint or file preliminary objections within the 20 days after service that you are entitled to. I offer free consultations.
Re: Doctrine of Release for Settlement Agreements
This is not one to get upset about. If the settlement was for more than 'nuisance value', then the claim against you for 'malicious prosecution' is frivolous and will be dismissed.
The text of the agreement will also provide help.
The most important thing is to go to the court and 'answer' the complaint. You can handwrite something, or just quote this:
"Defendant denies all claims made in the complaint".
That will protect you from a default judgment and give you time to deal with this at your leisure.
This lawsuit sounds very strange. It is unlikely it will survive a motion to dismiss it.
You are welcome to get me a copy of the complaint and the settlement agreement and then I can give you some more specific input for no fee.
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