New Case Regarding Attorneys and Settlement, September 2021

Uncategorized Sep 16, 2021

Here is a free sample of a new case summary that is in the current issue of California Case Summaries Monthly.

California Courts of Appeal

Attorneys

Amjadi v. Brown (2021) _ Cal.App.5th _ , 2021 WL 3855831: The Court of Appeal reversed the trial court's judgment of dismissal entered after plaintiff's attorney agreed to a settlement for $150,000 with defendant over plaintiff's objection, and the trial court's later order denying plaintiff's motion to vacate the judgment in her action for personal injuries arising from from a car accident. The settlement was entered by plaintiff's attorney pursuant to a provision in the attorney's contingent fee agreement, which allegedly granted the attorney the right to accept settlement offers on the client's behalf in the attorney's "sole discretion," so long as the attorney believed in good faith that the settlement offer was reasonable and in the client's best interest. The Court of Appeal concluded that such a provision violates the Rules of Professional Conduct and is void to the extent it purports to grant an attorney the right to accept a settlement over the client’s objection. The Court of Appeal held the settlement was void and reversed the judgment. It also referred plaintiff's former attorneys to the State Bar for potential discipline, as required by law and by Canon 3D(2) of the Code of Judicial Ethics. (C.A. 4th, August 30, 2021.)

 

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Monty A. McIntyre, Esq.
CA Civil Trial Attorney Since 1980
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