We often get calls from clients wanting to bring a legal malpractice claim because their lawyer foolishly recommended settlement. A part of the reason why there are so many claims in this regard is that some lawyers do not want to try cases and will recommend a settlement in cases where a lawsuit would maximize the value of the claim.
In order to state a cause of action for legal malpractice in Maryland, the claim must be based on a recommendation that a case be, or not be, settled, the injury victim's legal malpractice lawyer is required to specifically allege that the prior attorney's recommendation for settlement was one that no reasonable lawyer would have taken under the circumstances. This law, regrettably, gives lawyers who wrongfully push clients to settle a pass.
