I’m suing a competitor and he has offered a settlement. What factors should I consider in accepting?

At this point if you’ve already sued someone and have received a settlement offer then clearly you’re represented by legal counsel so I would say talk to your attorney. But, what you want to consider at this point is how much it’s going to cost you to keep moving forward, how much the offer is and what is owed.

If you’re owed $50,000 and you’re suing for $70,000 you’re probably going to want to take that. If the offer is $5 and you think it’s worth millions then clearly you’re going to want to keep moving forward in the lawsuit.

That’s something that you need to discuss with your attorney. There’s a lot of factors to consider about moving forward especially if attorney’s fees are on the line. So, if you do get a fair offer, your attorney has to let you know right away because it’s always the client’s option whether to accept or reject a settlement. An attorney or a law firm does not have that autonomous authority to settle a matter without the client’s permission.

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Trembly Law

In the South Florida legal community, Brett sits on the Board of the South Miami Kendall Bar Association, the Florida Bar 11th Circuit Grievance Committee, volunteers on the Florida Bar Young Lawyers Division Mentoring Program, the Dade-County Bar Associations Rainmakers Committee, and annually volunteers for Miami-Dade County’s Ethical Governance Day.

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