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When a settlement offer is made, how do I know things are on the 'up-and-up'?

 

A: It is every attorney's obligation (certainly in New York) that when a settlement offer is made, it is the lawyers OBLIGATION to convey that offer to the client. There are no ifs, ands, or buts here. The offer must be conveyed. The lawyer should certainly advise the client about the merits, risks and benefits of accepting such an offer. Discussion must be held between client and lawyer about an offer. Based upon this discussion, the lawyer will then be able to properly negotiate your case. The lines of communication between client and lawyer must always be open. An attorney cannot knowingly or falsely represent to a client that an offer has been made, when in fact it has not. Nor can an attorney ethically withold information about an offer from the client. It is the client's ultimate responsibility to accept or reject a settlement offer; not the attorney's. The attorney offers wise and experienced counsel to the client. The client has the final say.