Lawyer moms- hoping for some quick advice. Working w/ a lawyer to serve demand letters after a faulty home inspection resulted in hospitalizing my newborn. The lawyer insists we need to litigate but I’m not confident she has fully pursued ways to settle. I want to avoid litigating and I feel she just wants to get paid.

What if I reach out directly to defendant to encourage settlement- bad idea?

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Bad idea - may hurt your chances of settlement overall and your attorney would be t'd off... others may have different perspective on this...

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Construction lawyer here.

Yes. Bad idea. Do NOT contact the opposing side without your lawyer. It raises ethical issues if the other side has an attorney. And it just destroys the attorney client relationship.

Is your lawyer a construction lawyer?

Can you ask her for the communications between her and the other side? If you read them, maybe she's right. Maybe they are refusing to play ball. But maybe she's wrong.

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Civil litigation and personal injury attorney. I will ask for the latest comms- thank you.

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Im not a litigator, but maybe starting “litigation” is just another tactic to get them to settle since they know you are willing to pursue the case more fully. Just because she wants to litigate doesn’t mean it has to go far, I think. maybe she just wants to actually file a law suit to add some fuel to the fire since actually having to respond to avoid a default judgement or something similar will now have a real cost to them in time and attorney fees. It doesn’t mean it needs to go to trial.

Do not talk to the other side. At best it makes you look like a moron, at worst you could damage your relationship with your attorney, say something that could ruin your chances for the settlement you want, AND potentially make it hard to find another attorney in the future if you are viewed as a loose cannon of a client.

Why not just talk to her about the strategy and let her know your concersn?

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Yeah I'd sad no immediately if a potential new client told me I was going to be the second attorney and that she contacted the defendant without going through her attorney. It just seems like a client that is going to spell trouble.

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I am so sorry you went through this. As a mom with a newborn who also didn't trust the inspectors report involving moisture issues for a home I wanted to buy very recently, I can relate. May I ask what the issue was with the home?

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Thanks 🙏🏻

Thanks everyone, this is really helpful and made me slow my roll a bit

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Strangely, I asked my attorney if she could try one more time to encourage mediation without litigation, and she asked if I want to reach out to them directly. 🤔

After all that, the other party just reached out telling her they were waiting for her to send dates over so we could discuss 🤦🏻‍♀️ she sucks and my gut was right. Thanks everyone!

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