Any thoughts on including an allocution in your settlement agreements, where the settling parties say they’re satisfied with counsel’s work, etc. as a way to bar later legal mal claims related to the settlement?

like
Posting as :
works at
You are currently posting as works at

One way to approach this is to have a clause to the effect … “The parties acknowledge … they they have adequate time to review .. and opportunity to consult with a third party counsel of their choosing to evaluate the effect and adequacy of the terms contained herein… etc” Shift burden on the parties, and have them acknowledge they had time and opportunity to get a second look. I have always included this in settlements.

like

I like it, thanks!

like

Does your state allow this? CA doesn’t allow you to get that type of written waiver from clients…

like

In NY yes - most likely to be enforced if the client provides the allocution in open court as opposed to a provision in a settlement agreement though.

Related Posts

If you had to leave Phoenix tomorrow, where would you move?

like

Best pot roast sides... Go!

How’s everyone doing?

like

Joined tcs around 1 month back and submitted all the joining related documents but still didn't received my employee Id.upon checking with hr i am getting information that there is technical glitch due to which employee Id is not getting generated. Is one else facing this issue ? What can be done in this situation ?

like

Can anyone refer me to Deloitte usi for tax consultant or Audit please 😊

like

K

Sent from my iPhone

Post Photo
likefunnyuplifting

The leason learnt by some of high salary negotiatiors in one point of time is never always chasing high salary and stuck in toxic company and suffer.
Please also give priority to company brand and wlb

like

Guys.. Please help..
- Jpmc(28 fixed + 8-10% Variable bonus) bangalore
- Deloitte India (28 fixed + 1.5 joining bonus) Gurgaon
- Current company (bofa) retaining with 45% now and 20% in end year (total ~28 fixed only).

CC: bofa
Yoe: 6
Current location: Dehradun/Gurgaon

Should I accept ans retain in the same company??
Please help

like

What is the best advice you have recieved?

like

Hi All :) I need advise on whether it is possible to get my first time H1B stamped at a US consulate in Canada ? I am required to travel to Canada anyway for my PR stamping and I am trying to figure out if I can get my H1B stamped around the same time while I am in Canada for my PR, since it is extremely difficult to get appointments in India these days? I am currently based in US. Thanks!

like

Any 2bhk flats near ITPL whitefield or any preoccupied flat (female) Budget:6-8.5k per person . Any leads dm me

helpfullike

Don't miss out 2023 Global Diversity and Leadership Conference on November 1 - 3, 2023! Recommended by Aché Lytle at 2022 NPA Annual Conference via Whova event app

like

I am holding an offer from jpmc for Associate, package- 18lpa, yoe- 5.7. Is the pkg fine or jpmc could have offered me better?

like

What happens when you disclose a disability in My People Link? I'm thinking about doing it because it's affecting my performance and I need support but I want to know what to expect.

Looking for Goregaon/Malad location PGs, flats. 1BHK/2bhk.

Please share details.

Thanks

like

Hi fishes,

What are interview questions for DevOps Engineer Profile in Amdocs?

Hi fishes. Im having 4yoe in project management,scm, stakeholder, vendor management, inventory and wms in IT industry. My cctc is 5.2. How much i can ask for next switch?

like

I find it so hard to connect with patients with things like chronic pain or fatigue. Disease just feels so obscure and multifactorial to me

like

Has anyone had their LCA location updated so they can work from a different remote work location than their home office city? Did your firm take care of the process for you?

like

Additional Posts in Legal Malpractice & Ethics

Do you think required ethics CLEs are worth anything? Any good recommendations?

Do you use “turn down” or “non-engagement” letters or anything else for prospective clients you don’t take on?

like

So much of a lawyer’s risk is connected to:

1. The size of their firm; and
2. The type of their practice.

Im at a 500ish lawyer firm and do legal mal defense and act as outside General Counsel to law firms.

Let us know about you.

like

Lawyers it’s cybersecurity awareness month.

Come up with a plan today.

Post Photo
like

What do you think the odds are of a legal malpractice claim against Alex Jones’ attorneys for the inadvertent text turnover?

Do you think your firm’s internal emails discussing a possible mistake are discoverable in a later legal mal case?

like

I have a good belief to believe I, and others of my kind are being systemically discriminated against at work. There was a particular incident recently that affected me. I am the in house employment counsel for the company - and now feel like I am in a weird position. Can I file an EEO complaint against my client, or do they just get to do whatever they want to me? Obviously outside counsel would need to be hired, and a wall put up. Looking for info thanks.

like

55% of legal mal and ethics issues involve attorney mental health or substance abuse (or both).

Those numbers are definitely under reported.

Most firms talk about attorney wellness without much follow through.

Do your firms do anything to actually promote attorney mental health or support substance abuse problems?

like

Any thoughts on the new cyber security CLE requirement in NY?

I figure it’s better than nothing…

like

Is there any mistake you would consider legal malpractice per se?

like

If you knew a lawyer at your firm had 500 cases on their docket and no assistance, would you have an ethical duty to report?

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal