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What if my lawyer wants to settle my slip and fall case but I want to go to trial or vice versa?
The first thing to do, if you and your attorney disagree about how your case should be handled, is to sit down with your attorney to communicate your thoughts and feelings about the case and listen to his or hers. Your attorney is an experienced professional, trained to evaluate your type of case. If he or she wants to settle your case, you need to know and understand why he or she feels that way. Needless to say, lawsuits are time consuming and the end result is never guaranteed.
Similarly, if he or she wants to take the case to trial, you need to listen to his or her appraisal of the case and why he or she thinks it’s best to go to trial. After all, this is why you hired a lawyer to handle it for you. Most often, the attorney’s assessment will make sense to you if you listen to his or her reasoning. If, in the end, you still disagree about which direction you should go, there is nothing wrong with getting a second opinion. Let your attorney know you will be doing this. It does not have to be a secret.
Speak to another lawyer and tell him or her what is going on with your case and with your current attorney. Get his or her opinion regarding whether you should try to negotiate a settlement or go to trial or go a different direction. Should you decide not to stick with the first attorney, tell him or her so and say why. You do have the right to dismiss your attorney. Keep in mind that you may still be responsible for paying the first attorney for time and costs associated with your case to that point. |
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