I am by definition, a “trial lawyer.”… but I really should be called a “settlement lawyer” or “mediation lawyer.” The reason being, very few clients want to take their case to trial. And I can’t blame them – stress, nervousness, it can be overwhelming. Well, today I read about a client who agreed to settle, and then decided against it (read below). Bottom line is, clients, and not their lawyers should make the decisions on whether to settle and if so, how much. We work the case up and then hand it right back to our clients, and say, “ok – now you decide.” So, the moral of this tale, is that if you go into the case, not wanting to make any decisions, you may need to re-evaluate, but, if you are ready to make tough choices – you will be ready to go!
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SANTA ANA – A state appeals court on Monday reinstated a former transplant patient’s medical negligence lawsuit against a University of California hospital.
Advertisement Irvine, who was diagnosed with a deadly kidney and liver disease, waited four years for organ transplants at the hospital before she went to another hospital and got the desperately needed procedures within two months.
She filed the malpractice suit and settled with the hospital for $50,000. But she later tried to get the settlement overturned after she suspected her lawyer, Lawrence Eisenberg, mishandled her case and pressured her into accepting the settlement.
The appeals panel ruled that Irvine’s argument “demonstrated good cause to restore the case.”
http://www.signonsandiego.com/news/state/20070416-2245-ca-transplantlawsuit.html