Wednesday 21 September 2011

After signed a SETTLEMENT it is possible change mind ?

my lawyer force me to make an SETTLEMENT , but now i i don't want accept the money that they offer and i want go to trial , it is possible annulled this settlement ?
After signed a SETTLEMENT it is possible change mind ?
If you signed the document and the document has been accepted by a court, the answer is no. The settlement -- if the other side has minimally competent attorneys -- probably has a clause that says it can not be appealed once accepted by a court. Your only hope is to bring a suit or complaint against your attorney alleging incompetent representation. This argument will be heard by lawyers who are very reluctant to act against one of their own unless you can prove that there was gross incompetence on your attorney's part.



However, if the court has not accepted the document, which will be done at a hearing, you can tell the judge that you have changed your mind and that your signed the settlement only under pressure from your attorney. Since you have already signed the settlement, it would then be up to the judge to decide on whether to accept the signed settlement and he could rule for you. He could also rule for you. You have to be careful with the hearing, since these things are often perfunctorily, which means the judge will call the case, ask both sides if they have reached a settlement, both sides will say yes, the judge, often without even reading the settlement, since it is between two private parties, will then accept the settlement and have it entered on the record. This entire procedure can often take 30 seconds to minute or less...
After signed a SETTLEMENT it is possible change mind ?
Wow. Did your lawyer use a gun or did he simply twist your arm up around your back until you signed the settlement? Or did you actually sign the agreement of your own free will after it was suggested by the lawyer?

Seeing as how you were probably not really %26quot;forced%26quot; into signing the agreement, it was legally binding once it was submitted to the court and accepted.



Now, if your lawyer really did force you, that's another story.