Legal Question in Workers Comp in South Carolina

When submitting an offer to settle a wc case is it general practice for an attorney to submit to the other side without reviewing the offer with his or her client first? What can someone do if this has occurred? Isn't there something governing procedures with regards to this?


Asked on 6/17/14, 9:39 am

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Yes, typically your attorney should confer with you prior to making a settlement demand. There may be some circumstance where your attorney has a reason for doing this. I recommend you speak with your attorney and ask them about their settlement strategy, what they believe the value of your case will be, whether they will be conferring with you regarding future offers, and why you were not conferred with on this occasion. It may be that the attorney was feeling out the other side with no expectation of settling for the amount demanded. Your case cannot be settled without your consent, so most likely your attorney will have an explanation. If not, you can seek other counsel.

www.MartinsLawfirm.com

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Answered on 6/18/14, 11:18 am


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