05/31/2006
The Aggregate Settlement Rules Really Mean What They Say
American Bar Association Standing Committee on Ethics and Professional Responsibility, Formal Opinion 06-438
Brief Summary
An attorney must obtain informed written consent to settle from all clients whenever two or more clients elect jointly to settle their claims. To obtain the necessary informed consent, the attorney must advise each client of total amount of settlement, the amount/nature of each client’s participation, the fees and costs to be paid, and the method by which fees and costs are to be apportioned between clients.
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