I don't know what attorney was advising Genethera -- the plaintiff -- and told it that it'd be a good idea to file a lawsuit against a law firm (Troy & Gould) based upon a settlement offer the law firm made in an underlying civil action. But I can darn sure tell you that it wasn't, and wouldn't have been, me.
Settlement offers are privileged. When you file a lawsuit based upon 'em, you'll get SLAPPed. And not only will the California Court of Appeal assuredly affirm -- as indeed it does here -- but you'll lose even more money (both your own fees as well as the other sides costs and fees) for filing the appeal. Which, of course, is exactly what happens.
Sometimes the best counsel you can get from a lawyer is: "Look, what the other guys did was wrong, but let it go." And sometimes the best counsel you can receive from an appellate lawyer is: "Yes, you lost below, but it's time to move on." You may not like this advice. But it's better -- much better -- than the lawyer who tells you how unjust the lower court was and how much he's going to fight for you. Which may well be what you want to hear, and perhaps make you happy for a while, but trust me that this joy will be insubstantial compared to the feelings you'll have once you lose yet again.
Get a good lawyer. Listen to him or her. Two practical pieces of advice.
