My Lawyer Says I Should Settle My Case. I Don’t Want To.

I was in a car wreck case.  My lawyer says that I should settle and I don’t want to – I think I should get more money.  What should I do?

First,  lawyers can’t give legal advice to a person already represented by another lawyer.  Therefore, neither I nor any responsible lawyer can give you that kind of advice without getting your lawyer’s written permission to speak with you and without knowing a lot more information.

Second, I assume that you did adequate research before you hired the lawyer you have and considered the type of factors contained in our Legal Guide, "Understanding How to Hire a Lawyer in a Personal Injury and Wrongful Death Cases."  Thus, you obviously had trust in this lawyer’s ability and judgment when you hired him or her.  Therefore, you have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the lawyer’s advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

If you did not do a diligent job looking for a lawyer, or if you thought you had but now have a good reason to doubt the lawyer’s advice, then ask the lawyer for permission to talk to another lawyer to give you a second opinion on the case.  This may hurt the feelings of the lawyer a little bit, but a good lawyer will not feel threatened by someone else looking over what has been done in your case.  You will have to pay for this second opinion, but at least you will be able to hear from someone you can trust before making a final decision.

All of this points to why it is important to make a careful selection of a lawyer in the first place.  It is an important decision, and the extra effort you make before you hire a lawyer will save you anxiety later.