Settlements Flashcards
1
Q
Can a lawyer accept or reject a plea/settlement?
A
An attorney may only accept or reject a plea if they have permission from the client.
2
Q
Duties re communicating a plea
A
An attorney must communicate all plea offers to their clients. The only exception is if a client gave the attorney prior authorization to accept or reject a particular offer.
3
Q
What is an aggregate settlement?
A
A settlement for a group of claims in which there is a collective allocation of funds or a collective condition for the settlement.
4
Q
What is required before a lawyer accepts an aggregate settlement?
A
- The lawyer must tell each client the settlement amount recieved by each plaintiff
- The lawyer must tell each client about every party’s participation in the settlement
- Each client must consent to the settlement in writing
