Settlements

Question 1

Can a lawyer accept or reject a plea/settlement?

Answer 1

An attorney may only accept or reject a plea if they have permission from the client.

Question 2

Duties re communicating a plea

Answer 2

An attorney must communicate all plea offers to their clients. The only exception is if a client gave the attorney prior authorization to accept or reject a particular offer.

Question 3

What is an aggregate settlement?

Answer 3

A settlement for a group of claims in which there is a collective allocation of funds or a collective condition for the settlement.

Question 4

What is required before a lawyer accepts an aggregate settlement?

Answer 4

1. The lawyer must tell each client the settlement amount recieved by each plaintiff
2. The lawyer must tell each client about every party’s participation in the settlement
3. Each client must consent to the settlement in writing