If an attorney makes a settlement offer without his client's understanding what he/she was doing, can that offer be revoked?
An attorney made a settlement offer and the person clearly didn't understand that was his intention. The person is elderly, doesn't hear well, and did not have anything to offer. The attorney asked what she wanted, and she told him and asked what was being offered. Her attorney told her the other party wasn't offering anything. So, she assumed the arbtriation was proceeding and her attorney asked her what she wanted should they chang their minds. Two other people overheard this conversation, which took place in a loud, crowded room, and they explained it to her as such. Since there was no contact with her attorney for several weeks prior, and he did not return her telephone calls, it appeared he was "catching up" to figure out what she wanted although, as her attorney, he drafted the pleadings and knew what she wanted or would have know had he spoken with her.
He left the room and returned saying the other party accepted her offer. No one even knew where he went. The woman said she didn't make an offer, as she had nothing to offer. He insisted that he told her okay, and he could not take it back because he would get in trouble. However, she, nor the bystanders, understsood that is what he was doing. To them, it appeared that he had someplace he wanted to be and was trying to get out in a hurry.
Is it true that he could not take back the offer, even though she never made it, didn't understand that was his intention, didn't have anything to offer, and didn't actually hear him in the loud, crowded room?
An attorney made a settlement offer and the person clearly didn't understand that was his intention. The person is elderly, doesn't hear well, and did not have anything to offer. The attorney asked what she wanted, and she told him and asked what was being offered. Her attorney told her the other party wasn't offering anything. So, she assumed the arbtriation was proceeding and her attorney asked her what she wanted should they chang their minds. Two other people overheard this conversation, which took place in a loud, crowded room, and they explained it to her as such. Since there was no contact with her attorney for several weeks prior, and he did not return her telephone calls, it appeared he was "catching up" to figure out what she wanted although, as her attorney, he drafted the pleadings and knew what she wanted or would have know had he spoken with her.
He left the room and returned saying the other party accepted her offer. No one even knew where he went. The woman said she didn't make an offer, as she had nothing to offer. He insisted that he told her okay, and he could not take it back because he would get in trouble. However, she, nor the bystanders, understsood that is what he was doing. To them, it appeared that he had someplace he wanted to be and was trying to get out in a hurry.
Is it true that he could not take back the offer, even though she never made it, didn't understand that was his intention, didn't have anything to offer, and didn't actually hear him in the loud, crowded room?
