I am in the middle of a court settlement in which the defendant agreed to settle out of court with me. His atty was recently found murdured before the check was issued to me. Will this go back to court and proceed as if I hadn't settled out of court, or can a new atty just issue our check to us?
2006-12-29 07:39:05 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The attorney's death should not affect the settlement. It may slow down the actual issuance of the check, because, after all, a man DIED. But the agreement to settle is not dependent on the attorney being alive.
2006-12-29 07:41:37 · answer #1 · answered by MOM KNOWS EVERYTHING 7 · 2⤊ 0⤋
The defendant can either appoint a new attorney or finish the matter himself (by issuing you the check in exchange for a receipt). However, if there were court proceedings, then he needs to ensure he is cleared frm the court - something his new atty would have to do.
2006-12-29 15:43:28 · answer #2 · answered by Drop Zone 2 · 0⤊ 0⤋
Since the courts aren't concerned you may want hold onto your attorney a little longer . Unless there's paperwork stating an agreement the defendant may try to get out of it.
2006-12-29 15:51:20 · answer #3 · answered by Maria S 4 · 0⤊ 0⤋
The defendant must either retain new counsel or represent himself (a corp can't represent itself) in the execution of the settlement agreement and the filing of the stipulated judgment of dismissal.
2006-12-29 15:42:52 · answer #4 · answered by mattapan26 7 · 1⤊ 0⤋
Normally someone else will step in and take over. It may take a little longer to settle under the circumstances
2006-12-29 15:47:04 · answer #5 · answered by nickle 5 · 0⤊ 0⤋