Is it malpractice to pressure a client to agree to a settlement?

A client has accused a law firm of legal malpractice for pressuring her into agreeing to a settlement offer to resolve her case. The case involves a woman who suffered serious injuries as a result of a pelvic mesh implant. The woman needed numerous surgeries after the implant to treat her injuries.

In 2011, she saw a television ad for a firm representing those with similar injuries. She contacted the firm and agreed to representation. About four years later, the firm presented her with a settlement offer of $325,000.

The woman was not satisfied with this offer. She stated that her claim was worth "substantially more than the offer."

The woman states that the firm provided "material misrepresentations" to coerce her into agreement. She states that she was also going through bankruptcy at the time and that the firm contacted the bankruptcy trustee with the offer. She claims the law firm told her if she did not take the offer they would contact the bankruptcy trustee, who would agree to the offer. The settlement would then go to the trustee and she would "lose everything."

She also states that her legal representation breached its fiduciary and contractual duties.

Will the client's case survive? The law firm has attempted to get the case thrown out, so far to no avail. In order to find success, the client will likely need to establish the material misrepresentations noted above. She will likely have a success case if she can show the attorneys lied to her.

What can others who are misled by attorneys learn from this case? Those who believe their attorneys misled them during legal proceedings have options. Legal professionals are held to high standards and a failure to meet these standards can have a negative impact on the client. If you believe that an attorney is guilty of malpractice, contact a legal malpractice attorney to discuss your case.

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