Bar Exam Prof. Responsibility Question

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bahamallamamama
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Bar Exam Prof. Responsibility Question

Postby bahamallamamama » Mon Jul 22, 2013 5:07 pm

A lawyer must communicate all bona fide settlement offers to the client, and the client makes the final decision on the offer.

Can this happen beforehand? Can the client say "settle for anything over x" or "don't settle for anything under y," or does the lawyer have to confirm with the client?

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Doritos
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Re: Bar Exam Prof. Responsibility Question

Postby Doritos » Mon Jul 22, 2013 11:48 pm

bahamallamamama wrote:A lawyer must communicate all bona fide settlement offers to the client, and the client makes the final decision on the offer.

Can this happen beforehand? Can the client say "settle for anything over x" or "don't settle for anything under y," or does the lawyer have to confirm with the client?


If the client says don't settle for anything less than X you don't have to go the client with a number less than X. It's reasonably implied that you as the lawyer are authorized to do that because the client told you to not accept an offer below a certain number.

BeenDidThat
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Joined: Thu Feb 03, 2011 12:18 am

Re: Bar Exam Prof. Responsibility Question

Postby BeenDidThat » Tue Jul 23, 2013 7:38 am

bahamallamamama wrote:A lawyer must communicate all bona fide settlement offers to the client, and the client makes the final decision on the offer.

Can this happen beforehand? Can the client say "settle for anything over x" or "don't settle for anything under y," or does the lawyer have to confirm with the client?


Happens all the time. If you've been authorized, you've been authorized. Hell, you're allowed to agree on things that the client impliedly accepts without confirming, much less things he's explicitly authorized. The chance of injury to the client here is essentially zero given that he's going to have to sign the thing anyway.




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