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Thread: Lawyer pushes for settlement California

  1. #1

    Question Lawyer pushes for settlement California

    I was wrongfully terminated by a major oil company. All kinds of mis-information, "creative accounting", false documentation, harrassment and discrimination was used to get rid of me. I have a great majority of it and provided it to my lawyer. During that period before I was fired I was on what I guess was FMLA. I tape recorded a few phone calls just to try to figure out what I was supposed to do.

    This has been an almost five year fight. I'm told they had sued me for recording them without their prior knowledge and have gone after me. They've offered a "pitifully low" settlement to make all go away. I have rejected it and want to go to court.

    Why is my lawyer giving me drama and saying "I really should take this settlement." "There's no more money to be offered." "You're not thinking about all the work we've done in this case." "You're making a big mistake going to court?"???

    Isn't it my choice to go to court? His answers to my questions leave me wondering if they are really in my cornor.

    Any thoughts?

  2. #2
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    If you're not comfortable with this lawyer's suggestions, you can always get a second opinion. I don't know what else to tell you. I don't know if you would want to do that if this has been going on for 5 years already.

    There's no way we can know if what your lawyer is suggesting is the best route to go or not - they have all the info on you case, we don't.
    Last edited by Betty3; 03-12-2009 at 10:37 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  3. #3
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    Adding to my above post, you posted this in attorney malpractice forum. Based just on your post, there's no way to tell if there is/was any malpractice or not. If you believe any malpractice was involved, report the attorney to your state bar assoc.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  4. #4
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    I can give you a lawyer's perspective.

    Based on your post and your lawyer's comments, I would say that you do not have a very good chance of winning in court. That is probably why he is encouraging you to settle, and it is also why the offer is low.

    Experienced lawyers can usually predict who will win, and it sounds like the lawyers on both sides of your case think that you are not going to win in court. If you lose, what have you gained or accomplished? Other than spending a lot of money on expenses?

    That does not mean that your lawyer is not on your side. It just means that he or she is a realist. If he is telling you that you are "making a big mistake" by going to court, then you should listen to him. He knows more about this than you. Not every wronged person finds justice in the courtroom. Sure, you have the right to go to court. But why? Court is far from perfect.

    If the odds are against you, be smart. Sounds like they have a large mountain of evidence to use against you. All they have to do is discredit you in the eyes of the jury, and you lose. You have the burden of proof and the burden of persuasion, so their task to beat you is easier than your job is to win. Your lawyer is trying to tell you this but you are not listening closely enough. Sometimes settling is the smartest thing to do.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC

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