Accept a Settlement Agreement
Often, the settlement of a legal matter requires compromise. A client may not always feel 100% satisfied with the outcome. A lawyer or limited licensee must find the best outcome based on the law and the facts of the matter. A lawyer or limited licensee also has a duty to:
- advise and encourage compromise or settlement whenever reasonably possible; and
- discourage the client from starting or continuing useless legal proceedings.
See section 3.2-4 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
A lawyer or limited licensee must be honest and open with their client. This includes:
- giving the client all information the lawyer or limited licensee knows that could affect the client’s interests; and
- telling the client what they really think about the strength of the case and likely results.
Being firm but not rude does not break the lawyer or limited licensee’s ethical rules. Sometimes they may need to explain the worst-case scenario so the client can make an informed choice.
See section 3.2-2, commentaries [2] and [3] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Have you signed a settlement agreement?