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Old 10-29-2007, 02:31 PM   #1
msno3
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Default I signed (under protest) a settlement

Hi all, I am hoping someone will help me find an answer. I signed (under protest) a settlement and sent it to my attorney. The "protest" was that I believe my attys acted on their behalf and not mine. This protest has nothing to do with the other party (big company). Now my atty is saying he will not submit it because of this statement. I was under the impression that he had to submit it anyway. After all, why would the big company care if I am unhappy with my attys, they are settling for a lot less than if I continued to pursue. Does my attorney have to submit the papers if I want him to submit them with the statement? Please, I am not sure where else to turn. Thanks for your help!
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Old 10-31-2007, 01:53 PM   #2
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Default re: I signed (under protest) a settlement

He does yes but it normally means you don't agree and he has to continue or resign.
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Old 12-14-2017, 02:38 AM   #3
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Question Re: I signed (under protest) a settlement

OK but what if you are signing a settlement with more people in one case? I had to settle because I was with others. I feel coerced so I want to sign my settlement under protest. Will that cause our attorney's to do the same?
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Old 12-14-2017, 12:04 PM   #4
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Default Re: I signed (under protest) a settlement

When you sign you are obligated.

You can try to sue the persons involved if they seriously lied or misled or deceived you somehow, otherwise you are bound normally. Unfortunately.
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Old 12-14-2017, 09:51 PM   #5
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Default Re: I signed (under protest) a settlement

Quote:
Originally Posted by msno3 View Post
Hi all, I am hoping someone will help me find an answer. I signed (under protest) a settlement and sent it to my attorney. The "protest" was that I believe my attys acted on their behalf and not mine.
What's this all about anyway?

So why did you sign it if you didn't want to? If your attorneys were not acting in your best interest, as you say, then you should have gotten rid of them and hired someone else.
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Old 12-19-2017, 12:12 PM   #6
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Default Re: I signed (under protest) a settlement

Adding "under protest" doesn't really do much for you in this type of situation.

And the lawyer is not required to submit it with that statement attached.

If you don't want to sign something then don't sign it.
Then you have to negotiate what it is that you do want to sign.

Nobody is holding a gun to your head, presumably.
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Old 01-02-2018, 06:40 AM   #7
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Default Re: I signed (under protest) a settlement

It can muddy the waters as a legal matter. There is a lot of case law on the issue.
But no attorney is going to pass over a document signed by his client that says it was signed under protest.

Either you sign it or you don't.
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Old 01-04-2018, 12:09 PM   #8
Lexus
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Default Re: I signed (under protest) a settlement

In this regard you could not compel the attorney to file papers, only thing you can do is to entrust the case to another attorney.
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Old 02-07-2018, 05:13 PM   #9
Iknowlaw
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Default Re: I signed (under protest) a settlement

You should review the contract you have with your attorney. How much "power" does your attorney have via your contract.

Depending on the terms, you could possible persuade your attorney to submit if there is a possible breach of contract with you.
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Old 04-10-2018, 07:41 PM   #10
Bencher
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Default Re: I signed (under protest) a settlement

I suggest you take it to the local cop shop along with two credible witnesses and file a police report for fraud. Yeah, the cop will probably be a lzlazy guy who doesn't want to write up a report and tell you to go sue the guy in small claims court. Ask to see the Duty Officer and have one of your witnesses take a video of the conversation and be sure to ask for his name and badge number. Fearing blowback on his career, he will write the report and now you will let a jury decide if you were defrauded.
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