Attorneys obtained summary judgment in a legal malpractice action

Attorneys obtained summary judgment in a legal malpractice action. Plaintiff had been an police officer for a railroad company who was involved in an automobile accident while on the job. With the assistance of his attorneys, our clients, plaintiff prosecuted a civil action against his employer under the Federal Employers Liability Act (FELA). On the first day of trial the mater was settled. Subsequently, plaintiff claimed that his attorneys settled the underlying matter without his consent and that had our clients not settled the matter on his behalf, he would have prevailed at trial and obtained a verdict substantially larger than the settlement he received. Plaintiff further claimed that our clients assumed a duty to represent him as related to liens which ultimately encumbered his settlement proceeds. The evidence obtained during discovery, however, clearly demonstrated that plaintiff fully consented to the settlement, and understood the terms thereto. Plaintiff was unable to identify any evidence which suggested that his attorneys agreed to represent him as related to the liens that encumbered his settlement.