Defense Prevails in Legal Malpractice ODC Hearing
Secured the dismissal of a disciplinary matter against our client, a lawyer, brought by his former client. The claimant filed a complaint with the Office of Disciplinary Counsel (ODC), alleging that our client coerced and forced her into agreeing to a settlement she never wanted to accept. The ODC issued a formal request for our client's position on the complaint, suggesting that the allegations, if true, would constitute a violation of RPC 1.2(a), which mandates that matters of settlement are ultimately up to the client. The defense argued that, while our client had certainly recommended the settlement, he properly left the ultimate decision to her, as evidenced by both his correspondence to her and her testimony before the judge as to her understanding of, and agreement to, the settlement. The ODC agreed and dismissed the complaint.