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3.8-6 Legal Malpractice - Settlement
Advice
Revised to January 1, 2008
With regard to the
plaintiff's allegation that the defendant rendered faulty
legal advice concerning accepting a settlement offer, it is
worthwhile to remember that pretrial settlement of claims is
encouraged because, in the vast majority of cases, an
amicable resolution of disputes is in the best interest of
all concerned. However, although such settlements are
desirable, attorneys giving advice to clients as to whether
to accept or reject offers of settlement are still required
to employ that same skill, knowledge, and diligence with
which they pursue all other legal tasks.
I point out to you
that an attorney would not be liable simply because the
attorney was unsuccessful in persuading an opposing party to
accept certain terms. Also, I remind you that an attorney
who pursues reasonable strategies and renders reasonable
settlement advice to the client cannot be held liable merely
because those strategies fail or because of an unprofitable
outcome that results because the client followed that
advice. While the law demands that lawyers handle their
cases with knowledge, skill, and diligence, it does not
require that attorneys be perfect or infallible nor that
they always secure the most successful outcome for the
client.
In advising a
client concerning settlement, the attorney must exercise
that degree of learning and skill which the average and
ordinarily prudent attorney in that line of practice in
Connecticut would apply under all the relevant
circumstances. Consequently, the plaintiff must prove, by a
preponderance of the evidence, not only that the defendant
rendered certain settlement advice which the plaintiff
followed to his financial detriment, but also that the
advice given to (him/her) fell below the standard for
lawyers in that field of practice in Connecticut.
Authority
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