Can my attorney tell the judge he doesn’t agree with the divorce settlement?
Settling a case is the ultimate goal for the vast majority of lawyers. They really do not wish to prolong the process any more than what is absolutely necessary. At the same time, they do wish to get a deal for their client that is both fair to the client as well as financially rewarding to themselves. This does mean that in some cases an attorney may go to a judge and voice their objections to a settlement that has been reached.
How The Judge Will React
The judge may review the objections that the attorney has made and decide that the settlement is in fact invalid. It is not that likely that they will completely throw it out unless there are some grounds to do so though. It is important to remember that we all have the right to an attorney, but we do not have to take the advice that the attorney provides. We do not have to act on anything the attorney says. If we so choose, we can in fact go our own way.
Reasons A Judge Might Deem A Settlement Invalid
The law does allow for a judge to deem a settlement invalid completely and thus void it. The circumstances under which this might happen are laid out pretty well by compromiseandsettlement.uslegal.com. They mention how a settlement can be nixed by fraud, a mistake, duress, and other issues. These problems would all give a judge good reason to avoid the controversy and just not allow for the settlement to go through.
Reaching An Independent Settlement
It is always possible to reach a settlement independent of an attorney. However, doing so will probably leave you in worse shape than if you had just used the attorney in the first place. If you do decide that this is the route you want to take, at least realize that your attorney must be fired from the work they are doing for you. A formal letter spelling out to the attorney that you no longer wish to work with them ought to satisfy.
Once you have accomplished this, you can set out on your settlement tour all on your own. Just know that you then do not have the expert backing of the attorney that you had hired in the first place. Those are the types of decisions that have to be made by you alone.
Keep in mind that just because you fire your attorney does not mean that he or she will not decide to show up at court anyone to voice opinions on your matter. You might be doing yourself more harm in your case than good by taking a rash action to fire the attorney.
Will This Work Out In Your Favor?
The good news for you is that regardless of how much of a right your attorney puts up, there is still a pretty good chance that the settlement goes through. Most judges will listen to both sides of the story, but still grant the settlement in the end anyway. They want to serve the best interests of the law and justice. While they will hear out attorneys on what they have to say, they are not going to stand in the way of two parties coming together to find their own solutions.
Attorneys might want to object largely on the grounds that they will not receive the type of full payment that they have been promised. That is certainly understandable, but is not enough for most judges to overturn anything.
Remain In Communication
The worst thing that you can do is to not communicate with your attorney. You certainly do not want them left in the dark. If you avoid the subject with them, they are more likely to object to the settlement you come up with in court. Avoid this headache by calming explaining your position to your attorney and keep them in the loop the whole time.