No, Have Not Signed Settlement Agreement
If you accept a settlement agreement by signing your signature on the documents, it is:
- a binding agreement; and
- not easily overturned.
It is not inappropriate for a lawyer or limited licensee to be firm, honest and candid with their client about their advice on whether a settlement agreement should be signed. This includes:
- giving the client all information known to the lawyer or limited licensee that may affect the client’s interests; and
- telling the client what they honestly think about the merits of the case and probable results.
It would be inappropriate for a lawyer or limited licensee to be involved in a situation where a client is:
- being forced to sign settlement documents under duress or threat; or
- tricked or unduly influenced into signing documents.
If you have considered the risks involved with each option presented to you and disagree with the recommendation of the lawyer or limited licensee:
- you may get a second opinion
- proceed with an option contrary to that recommendation
It may be appropriate conduct for a lawyer or limited licensee to advise the client they will withdraw if the client does not accept a settlement agreement they recommend. This could be considered a serious loss of confidence in the lawyer or limited licensee if the trust in the relationship is damaged beyond repair.
See section 3.2-2, commentary [1] 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.
If you believe the lawyer or limited licensee is inappropriately pressuring you to accept a settlement agreement, submit a complaint.
Common Questions
To find legal assistance, see the Finding Legal Assistance page on the Law Society website.
Duress means when a person makes unlawful threats or uses coercive behaviour that causes another person to do something. For example, threatening to physically harm you or a loved one to convince you to do something.
A threat is any words, written messages or actions that threaten bodily harm, death or damage to property. A threat does not include providing a legal opinion about the likely consequences of a client’s actions or choices. For example, stating ‘if you choose x, you will have to go to court’ or ‘it will cost x to proceed with that course of action’ is not a threat.
Undue influence means that an individual’s wishes are influenced through coercion and/or manipulation. It is not necessary to show physical violence, confinement, or threat.