SETTLEMENTS/NEGOTIATIONS

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97-10 An attorney whose client first agrees to a settlement and later refuses to endorse the settlement check may not accept a substitute check payable to the attorney as trustee on behalf of his client for deposit in his Trust Account and distribution.

95-11 A restriction on the right of a plaintiff’s attorney to represent future claimants against a defendant as part of a settlement of the attorney’s existing client’s claims against that same defendant represents an impermissible restriction on the right to practice which may not be demanded or accepted without violating DR 2-108(B).

89-02 An attorney must disclose to an opposing party facts having a negative impact on a client's position where a failure to disclose would involve the attorney in misrepresentation.

85-03 Although attorneys entering into settlement agreements are expected to abide by such agreements, it would not be unethical for the requesting firm to ask the court, after the fact, to re-open the question of whether attorney’s fees, allowed by statute, should be awarded.

 

 

 

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