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  1. #1
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    Default How to Stop a Signed Settlement Agreement

    How do I stop a signed settlement agreement handed to attorney's assistant (no money received yet) if after closer review at home I disagree with agreement's stipulations? Please reply. Thank you.

  2. #2
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    Default Re: How to Stop a Signed Settlement Agreement

    Quote Quoting Ralph View Post
    How do I stop a signed settlement agreement handed to attorney's assistant (no money received yet) if after closer review at home I disagree with agreement's stipulations? Please reply. Thank you.
    You can't based on the fact that "you disagree" alone.
    The purpose of this agreement is to provide certainty for both parties, neither side can back out unless they can show fraud, mutual mistake of fact, duress or undue influence

    Once you sign off on a deal, you are stuck with the terms of that settlement, unless you can make a showing of fraud, mutual mistake of fact, duress or undue influence.
    http://www.lexisnexis.com/legalnewsr...-back-out.aspx

    Further, an award based upon a stipulation may be reopened or rescinded if the stipulation has been entered into inadvertence, excusable neglect, fraud, mistake of fact or law, or for special circumstances exist rendering it unjust to enforce to stipulation. Benavides v. W.C.A.B. (2014) 79 Cal.Comp.Cases ___ (Unpublished).
    Stipulations cannot be set aside simply because they result in harm to an injured worker. They can only be set aside if entered into through inadvertence or mistake of fact. Commenting on this in County of Sacramento v. W.C.A.B. (Weatherall) (2000) 65 Cal.Comp.Cases 1 (Published),
    http://www.judgeobrien.com/obrien/40_12_0.html

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
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    Default Re: How to Stop a Signed Settlement Agreement

    Quote Quoting tony View Post
    You can't based on the fact that "you disagree" alone.
    The purpose of this agreement is to provide certainty for both parties, neither side can back out unless they can show fraud, mutual mistake of fact, duress or undue influence

    Once you sign off on a deal, you are stuck with the terms of that settlement, unless you can make a showing of fraud, mutual mistake of fact, duress or undue influence.
    http://www.lexisnexis.com/legalnewsr...-back-out.aspx

    Further, an award based upon a stipulation may be reopened or rescinded if the stipulation has been entered into inadvertence, excusable neglect, fraud, mistake of fact or law, or for special circumstances exist rendering it unjust to enforce to stipulation. Benavides v. W.C.A.B. (2014) 79 Cal.Comp.Cases ___ (Unpublished).
    Stipulations cannot be set aside simply because they result in harm to an injured worker. They can only be set aside if entered into through inadvertence or mistake of fact. Commenting on this in County of Sacramento v. W.C.A.B. (Weatherall) (2000) 65 Cal.Comp.Cases 1 (Published),
    http://www.judgeobrien.com/obrien/40_12_0.html

    Tony

    What is the appeal process to rescind a signed agreement on lack of legal representation during the time of signing at counsel's office?

    - - - Updated - - -

    What is the appeal process to rescind a signed agreement on lack of legal representation during the time of signing at counsel's office?

    For instance, counsel not physically present when agreement signing took place. Counsel had "promised" IW that IW would have access to a "colleague" to answer questions pertaining to agreement that IW might have, but no counsel was available nor present in the office to assist IW with questions answered. Counsel apologized by e-mail for not having a "substitute counsel present to assist her client" with agreement and any questions. Can Agreement signatures be revoked based on aforementioned scenario?

  4. #4
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    Default Re: How to Stop a Signed Settlement Agreement

    What is the appeal process to rescind a signed agreement on lack of legal representation
    For instance, counsel not physically present when agreement signing took place.
    How's that lack of legal representation?
    It's more of poor judgment on your part.
    The best way to stop a Signed Settlement Agreement is to not sign it in the first place.

    No one twisted your arm to sign this settlement agreement.
    If you had questions, you had every opportunity to refuse signing until counsel was present.
    If the agreement is inadequate, the Workers' Compensation Judge won't approve it.

    At this point, you'll have to wait for a decision before you can appeal.
    I can tell you right now, poor judgment on your part is not grounds for appeal.

    See - 1.90 COMPROMISE AND RELEASE AND STIPULATIONS WITH REQUEST FOR AWARD
    http://www.dir.ca.gov/wcab/wcab_poli...al.pdf#page=44

    Also you should call you lawyer and ask him what to do - that's what you pay him for.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
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    Default Re: How to Stop a Signed Settlement Agreement

    Licensed attorneys not only have the authority to represent their clients in court proceedings, but also in other legal matters. An attorney has many obligations to his or her client; he or she must defend the interests of the clients, and most importantly respond to the client’s concerns. Based on the hypothetical presented in this thread, when the attorney said that “she could not be present during Agreement-signing to answer questions, but that a substitute legal counsel would be in her place, but was not, is a perfect example of lack of legal representation, despite poor judgment from part of client for signing. If the Bar is contacted with a complaint, the Bar will contact attorney for a response, and this client could get off, and re-sign with certainty, and meet satisfication.

  6. #6
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    Default Re: How to Stop a Signed Settlement Agreement

    Quote Quoting Ralph View Post
    Licensed attorneys not only have the authority to represent their clients in court proceedings, but also in other legal matters. An attorney has many obligations to his or her client; he or she must defend the interests of the clients, and most importantly respond to the client’s concerns. Based on the hypothetical presented in this thread, when the attorney said that “she could not be present during Agreement-signing to answer questions, but that a substitute legal counsel would be in her place, but was not, is a perfect example of lack of legal representation, despite poor judgment from part of client for signing. If the Bar is contacted with a complaint, the Bar will contact attorney for a response, and this client could get off, and re-sign with certainty, and meet satisfication.
    Cool, sounds like you have it all figured out then.
    If you're such an expert, why are you asking how to stop a signed agreement - seems you would know there's no such provision in the worker comp act.

    Are you saying you had no input into this agreement, your attorney never went over it with you previously?
    In California, a settlement conference is mandatory and so is your presence, I know you had some idea of what was in this agreement.
    Mandatory settlement conference (MSC): A required conference to discuss settlement prior to a trial.
    http://www.sfdhr.org/index.aspx?page=80

    In all cases in which a Declaration of Readiness to Proceed is filed, regardless of the date of injury, a hearing must be conducted by a Workers' Compensation Judge
    http://www.judgeobrien.com/obrien/40_11_0.html

    Signing the agreement is a clerical duty not a "legal matter" - the content has already been negotiated and agreed to by ALL parties, including you - your lawyer's presence isn't necessary
    I know for a fact, there was a Legal Secretary/Legal Assistant/Paralegal present to witness the signing, no law office is without one.
    You had every opportunity to ask questions or wait until counsel was present, you didn't - that was your decision.

    Good luck contacting the bar to complain about your poor judgment, I'm sure they'll be interested.

    Tony
    Last edited by tony; 02-08-2015 at 08:44 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
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    Default Re: How to Stop a Signed Settlement Agreement

    How do you mean?

    “Are you saying you had no input into this agreement, your attorney never went over it with you previously?”

    That would be correct, many clients are kept in the dark, and they are only told what the attorney wants his or her client to know. Many attorneys cannot “handle” well informed and smart clients. -

    A Settlement Conference (SC) would be correct also, assuming that the client was not given due process (which includes a SC) and was not invited to SC to go over any concerns or questions that client might have had with case or settlement; therefore client’s rights in this hypothetical seemingly were violated.

    On signing, not unless there is written evidence that proves deception from part of the lawyer to keep clients misinformed from settlement facts or stipulation. For instance, if you trust your attorney (most people do) and tells you to walk straight and that at the end of the walkway there is no cliff, but in actuality there is a cliff and you fall over, then that would be deception or a lie.

    “You had every opportunity to ask questions or wait until counsel was present, you didn't - that was your decision.”

    I might agree on that signing would be a “clerical duty,” if counsel or a legal representative to counsel is present in his or her absence, which no legal assistant (LA) is allowed to practice unauthorized law, therefore you do not ask LAs any legal questions nor expect them to answer any legal questions.
    Last edited by Ralph; 02-08-2015 at 03:46 PM.

  8. #8
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    Default Re: How to Stop a Signed Settlement Agreement

    Quote Quoting Ralph View Post
    How do you mean?

    “Are you saying you had no input into this agreement, your attorney never went over it with you previously?”

    That would be correct, many clients are kept in the dark, and they are only told what the attorney wants his or her client to know. Many attorneys cannot “handle” well informed and smart clients. -

    A Settlement Conference (SC) would be correct also, assuming that the client was not given due process (which includes a SC) and was not invited to SC to go over any type of issues concerning his or her case; therefore client’s rights seemingly were violated.

    On signing, not unless there is written evidence that proves deception from part of the lawyer to keep clients misinformed from settlement facts or stipulation. For instance, if you trust your attorney (most people do) and tells you to walk straight and that at the end of the walkway there is no cliff, but in actuality there is a cliff and you fall over, then that would be deception or a lie.

    “You had every opportunity to ask questions or wait until counsel was present, you didn't - that was your decision.”

    I might agree on that signing would be a “clerical duty,” if counsel or a legal representative to counsel is present in his or her absent, which no legal assistant (LA) is allowed to practice unauthorized law, therefore you do not ask LA any legal questions nor expect LA to answer any legal questions.
    I have absolutely no idea of what you're talking about.
    I do know the circumstances you're describing (the parts I can understand) would never happen in the real world, no judge would allow it.
    You're obviously clueless to the workings of a law firm, I won't waste time explaining - you wouldn't get it anyway.

    If you're so smart, why did you sign an agreement that you had no input or knowledge?
    Do you normally approve contracts and agreements on the blind?
    That makes zero sense, I think you're pulling my leg.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
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    Default Re: How to Stop a Signed Settlement Agreement

    Quote Quoting tony View Post
    I have absolutely no idea of what you're talking about.
    I do know the circumstances you're describing (the parts I can understand) would never happen in the real world, no judge would allow it.
    You're obviously clueless to the workings of a law firm, I won't waste time explaining - you wouldn't get it anyway.

    If you're so smart, why did you sign an agreement that you had no input or knowledge?
    Do you normally approve contracts and agreements on the blind?
    That makes zero sense, I think you're pulling my leg.

    Tony
    OK, again, put your thinking cap on. BTW, the one who thinks is so smart is you. Also, if you desire more participation and replies, stop talking down on forum participants and try to provide them with some hope.

    That said, my hypothetical includes proof of lawyer deception affecting client’s decision-making and if such occurred, it could be brought up to proper legal counsel or authority, and signed agreement may be nullified.

  10. #10
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    Default Re: How to Stop a Signed Settlement Agreement

    A very smart man once told me - you can't protect a fool from himself.
    You've avoided the question I've asked twice.
    Why did you blindly sign an agreement that you had no input or knowledge?

    If half of what you've described is true, the agreement will be rejected or you will have grounds for appeal - no you can't stop a signed agreement.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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