Can legal counsel rescind a formal, written counter-offer?

I have pending wrongful termination settlement claim against my previous employer (no charges filed, negotiating). My attorney submitted a counter-offer for release of claims/final severence on my behalf in mid March. Opposing counsel gave verbal approval to my attorney on March 30, '07 and requested redlined and cleaned copies. After lengthy delays, opposing counsel submitted a written counter-offer to my counter-offer, with minor changes to verbage. This document had the same $ as my proposal. They submitted this on May 31, 2007 (in WORD format, which I thought was unusual for an attorney). They even said:

"I think you will find that the vast majority of the agreement is exactly as you proposed."

7 days later, opposing counsel left a lengthy message to my attorney stating there was a mistake and they sent the wrong attachment, and they were withdrawing the offer. The next day, they resubmitted a revised offer, 63% lower than the original, AND PRE-DATED the replacement offer to match the original offer date of May 31, 2007.

Is this legal?

I fully intended to accept the offer, but now they reduce it? The withdrawl also coincides with a former colleague who independently filed complaint at my company for similar issues against my employer.

My attorney is expecting more legal fees to renegotiate, but I don't think it's fair. I had an acceptable offer on the table, IN WRITING FROM OPPOSING COUNSEL. Why should I have to invest more money to negotiate again?

Please help!!!

[annjd]

If it was an actual offer you may accept it and seek to enforce it; you may also file a complaint with the state bar if you feel the lawyer was acting unethically or purposely and deceptively.

annjd: Why isn't my lawyer telling me this? His reply was:

"I intend to express our strong resentment at this, that it HAS ADDED TO YOUR LEGAL COSTS, etc."

If I have may legally accept the offer provided on May 31 (as I intended to do), why is he suggesting we go thru re-negotiation (at my expense), sacrificing the potential settlement?

I must also mention that the offer was never signed by anybody from the opposing side, but presented by e-mail. Does that allow them to withdraw it? (i.e., is it considered an actual offer if nobody signed it)?

[msg]

It is not binding until both sides agree it was supposed to be binding. If that is not clear a court can determine --ie rule-- if the two sides thought it was binding.