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Social Studies, 11.02.2020 20:45 itsbritt8106

Client retained an attorney to recover for a personal injury. In the retainer agreement signed by the client and the attorney, the client agreed to cooperate fully and pay the attorney a contingent fee computed as a percentage of the amount of recovery after expenses: 25 percent if settled before trial, 30 percent if settled before verdict, 35 percent after verdict, and 40 percent after appeal. The attorneys representation of the client in the matter extended over a three-year period, during which time the attorney advanced a large amount for litigation expenses. After trial, the client obtained a jury verdict for an amount larger than either the attorney or the client had anticipated. However, the defendant appealed clients favorable verdict based on questions of evidence and the measure of damages. Meanwhile, the defendant made an offer of settlement for approximately the amount the attorney had originally projected as reasonable to expect. The client, who was hard pressed financially, directed the attorney to accept the offer and settle. Confident that there was no reversible error in the trial and that the appeal was without merit, the attorney refused the settlement. The attorney reasonably believed that the appeal was filed solely to gain negotiating advantage in settlement negotiations. Is the attorney subject to discipline?

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