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Lawyer Coerced Own Client Into Accepting Mediated Settlement | Family Lawyers
Court Rules that Lawyer “Coerced” Own Client into Accepting Mediated Settlement
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In an unusual recent Family law case, an Alberta court has ruled that a lawyer essentially coerced his own client to settle her case through mediation, and that this was tantamount to negligence in providing legal services. The court ordered the lawyer to pay the client almost $132,000 in damages, being the difference between the settlement and what the client would likely have obtained had she proceeded to trial or arbitration.
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00:08
In an unusual recent Family Law case, an Alberta court has ruled that a lawyer essentially coerced his own client
00:16
to settle a case through mediation,
00:19
and that this was tantamount to negligence in providing legal services.
00:25
The court ordered the lawyer to pay the client almost $132,000 in damages,
00:31
being the difference between the settlement and what the client would have likely obtained had she proceeded to trial or arbitration.
00:41
The female client, who had left the 10 year marriage,
00:44
had hired the lawyer to advance her family law rights against her husband,
00:49
which included child and spousal support claims.
00:53
The client had hired the lawyer specifically to litigate on her behalf,
00:57
since she was not interested in engaging in settlement discussions.
01:02
A prior months-long bid to resolve numerous outstanding legal issues in the case,
01:07
using a different lawyer and involving the Collaborative Law process, had failed.
01:13
With the lawyer's representation, the matter wound its way towards trial.
01:40
Reluctantly, she eventually agreed to participate in mediation,
01:45
and finally settled her legal claims against the husband through that process.
01:50
However, after later realizing she may have been shortchanged in the settlement,
01:56
she sued the lawyer in negligence,
01:58
accusing him of failing to properly prepare her for mediation,
02:03
and failing to fully advocate on her position and interests.
02:07
Importantly, she claimed that this decision impacted her financially.
02:12
Had she not gone forward to court or arbitration, as she asked the lawyer to do,
02:18
she would have received significantly more money.
