As a professional, I have come across various legal agreements that are lesser-known. One such agreement is a Damron agreement. The Damron agreement is an essential legal document that can be used to secure a settlement for someone accused of a crime and then sues their legal counsel for malpractice.
But what exactly is a Damron agreement?
A Damron agreement is a legal document that is named after the case Damron v. Sledge, 105 Ariz. 151, 460 P.2d 997 (1969). This case established that a criminal defendant has the right to settle with the victim or the insurance company without admitting to any wrongdoing. The agreement is made between the defendant and the plaintiff, and it stipulates that the defendant consents to a judgment against them and waives any right to appeal.
In the context of a malpractice claim, the Damron agreement is used when a defendant in a criminal case alleges that their attorney was negligent in their representation. If the defendant wins their suit against the attorney, they may then seek to settle with the victim or insurance company. The Damron agreement allows the defendant to settle with the plaintiff or the insurance company while waiving their right to appeal. In exchange, the plaintiff or insurance company agrees to release the defendant from any further liability, and the defendant may then seek to recover any damages they incurred as a result of their attorney`s negligence.
It is important to note that a Damron agreement is not a legal shortcut to avoid criminal charges or avoid responsibility for a crime. Rather, it is a legal tool that can be used to resolve a malpractice claim. The agreement is only valid if it is entered into freely, without coercion or duress, and if all parties have the capacity to enter into a binding agreement.
In conclusion, a Damron agreement is a legal document that can be used to settle a malpractice suit in a criminal case. This agreement allows the defendant to waive their right to appeal and settle with the victim or insurance company. The Damron agreement is an important legal tool that can help ensure that the rights of all parties are protected and that justice is served.