Malpractice during Settlement Process??

[captain131]

Folks - please take a quick look at the thread below (read from bottom up). I've edited it to disguise the attorney names. This thread is an email conversation b/w My Attorney and Defendant Attorney. It was part of a larger email conversation I was having with My Attorney. I don't think some of the info in this thread was meant for my eyes and was mistakenly sent to me. In particular, I'm concerned about the comment from My Attorney to the Defendant Attorney "I am squeezing him every possible way. Signed My Attorney." Clearly, it looks to me that My Attorney is "squeezing" me. Is there anything suspicious in this statement or am I'm over analyzing this? Please know that my attorney has not been aggressive in any way whatsoever throughout this 4 year process and the original demand was for more than $1M. I'm trying to avoid having my wife deposed b/c she suffers from some mental illnesses that would be exacerbated in any stressful situation.


From: Defendant Attorney
Sent:
To: My Attorney
Subject: RE: Personal Injury Settlement for Jon Doh!

I can get $18K. I am told that this is it. Let me know. Otherwise, I have been instructed that I will need to take your client’s wife’s deposition. As you can see, I have been putting it off so that we can try to resolve the matter. I cannot imagine that the deposition will be an easy one for anyone.

From: Defendant Attorney
Sent:
To: My Attorney
Subject: RE: Personal Injury Settlement for Jon Doh!

I am squeezing him every possible way. Signed My Attorney.

----- Original Message -----
From: Defendant Attorney
Sent:
To: My Attorney
Subject: RE: Personal Injury Settlement for Jon Doh!

I doubt it. When I got the $15K I thought that was very close to and possibly the top number. Let me call them.

________________________________

From: Defendant Attorney
Sent:
To: My Attorney
Subject: RE: Personal Injury Settlement for Jon Doh!

Mark —how about 35k? that will settle it now. It is without prejudice to position we would take at mediation.

Let me know…

Signed My Attorney

[AngelinaCat]

It would help to know what this is about. Is this about credit card settlement? A car wreck with injuries? Medical malpractice? Other? Thanks.

[AngelinaCatHub]

This email does not look two way. I believe you may have made an error in its conversation. However, don't be too concerned as a good lawyer will tell your opposition anything to poor mouth you to make the amount low on your behalf. Couldn't you see a possibility in that theory? 'Hub


EDIT: Also as "cat" above stated, you need more info for us to find out what you are talking about. A single post won't cover four years of suit.

[clevelandmom]

Hi Captain,

I am having a very hard time deciphering who said what to whom. All of the "emails" say from Defendant Attorney to My Attorney - I can't tell where the conversation is going back and forth. Are you the Plaintiff? Any chance you can re-post more accurately? Also, keep in mind - when an attorney tells another attorney "I am squeezing him" it's kind of like getting the other side to get off their back. It's all politics - they lie to each other all the time. LOL The truth is both plaintiff and defendant's counsel probably have a pretty good idea what your case is worth and are trying to settle it for around that number.

[despritfreya]

Here is my spin on this - as others have stated it is difficult to tell who is who but. . .

1. You are the Plaintiff.

2. Your attorney has gotten you to agree to settle for $35K - you may have wanted more but your case probably isn't worth more if it went to trial.

3. Your attorney has communicated that you want $35K to the defendant's attorney.

4. Defendant's attorney has authority to settle for $15K but thinks he can get authority for 18K

5. Your attorney has indicated that you are not willing to go below $35K hence, you have been "squeezed" to the limit.

Sounds about right? If so, nothing wrong that I can see. All part of the negotiation strategy.

Des.