Can a lawyer make you settle or refuse to take the case to court?

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Let me start by saying that I do not reside in Arkansas, nor do I know the specific protocol there; but in my opinion it may be irrelevant anyways. If you do have specific questions, I'd advise you to contact the local Bar assoc., they'll help you out.

In any event, (and this is my opinion), in some cases I can understand what her intentions are; by the same token I might have taken a slightly different approach. Allow me to elaborate.

In terms of transparency during the proceedings, I do believe in keeping the client up to speed, but at the same time I (like most other lawyers) charge the client an hourly rate, and I don't believe in charging additional rates to contact a client over every little detail that really doesn't mean a row of beans to them anyways. It's not convenient and it's not practical. So in a sense my assumption is that she's trying to mitigate your legal expenses. That being said, you shouldn't feel totally in the dark- you can and should request any documentation or findings that you desire, she's obligated to provide them on request.

The offer to settle is a touchy subject. You have to understand that we as lawyers base our settlement options on findings concerning the outcome of cases like yours, and on the likelihood of what offer will be acceptable for the other side where they may consider settling out. This improves your odds of recovering damages sooner and with less legal fees. I do agree, however, that you should have had a greater involvement in the process to work out a number, and to find out what her motive was for choosing the number she chose (again, we don't pull random numbers). It could be that the initial offer was too ambitious, but it's hard to tell from this vantage point.

I'm assuming your case is/was not settled outside court. Technically, she can decline representation even right before court. I'll admit I've done it, typically because detrimental evidence would surface that could ruin the case and put my client in a worse situation. In cases like yours it really depends on the lawyer's approach. For me, sometimes I may forward claims to my jr.s if I feel there may be a minute chance of recovery, other times I say straight-up that no one will want the case. Personally I would have told you whether you had a hope in heck of continuing, and if not I would have left sufficient time to search elsewhere.

Is what your lawyer's doing unethical? Not really- I see it as more of a flawed approach. But again it's a tough call, and to me it seems as if you landed a bad apple. Keep looking for new attorneys.

Best regards...Show more

No a lawyer works for you so there for you can refuse all you want. All they are suppose to do is be your voice and advise you with what they feel is best....Show more