Can I Sue For Legal Malpractice If My Lawyer Accepts A Settlement Without My Consent?

Once your lawyer files the necessary papers to begin a lawsuit, your expectations of getting your case settles are always high. The work of your lawyer is to represent your wishes to their best ability. Though you should consider getting the information on whether to accept a certain settlement or not, the decision to accept or reject it lies solely on you. The lawyer's work is to guide and provide you with the necessary information needed to come up with a reasonable settlement. But what happens if you find out that your lawyer has settled your case without your consent? Could this amount to a violation that could lead to legal malpractice? What Could Result To My Lawyer Accepting A Settlement Without My Consent? Your attorney should ensure to keep you informed on matters relating to your settlement. The law prohibits him/her from making any settlement without your consent. According to the American Bar Association, your lawyer is to maintain reasonable communication before taking any action. For instance, if the insurance company is offering a settlement, your lawyer should promptly inform you before accepting the offer unless there was an agreement before authorizing the settlement's acceptance. A case should never be settled if you, as the client have not understood the breakdown of the settlement amount and what the net recovery could be. In most of the case, a disagreement in the settlement is brought about by: Your lawyer’s caseload: In most instances, a lawyer may accept a settlement simply because he/she has a lot to handle or is working on other cases that have the potential of fetching much more than your case. In such instances, the lawyer may be tempted to settle you case more quickly and without your consent. A lawyer is under obligation to offer competent representation and should keep you updated on the progress of your case: If this is not the case with your lawyer, the best action to take would be to look for a malpractice lawyer in Memphis TN, for legal advice. Your lawyer may be tired of dealing with your case in the sense that he/she discovers that the situation is not worth the settlement amount anticipated: In such a circumstance, you don’t have to stick with that lawyer; you can seek a second opinion from another lawyer. But the fear of being screwed up can hamper your mind. That’s why if your lawyer disappoints, you should consider looking for a legal malpractice lawyer. Has some intention of stealing your funds: Just like in any business, some lawyers are good while others are not. You may find a lawyer who has lousy intentions of stealing the client’s funds. Unlike other professions, your lawyer is allowed to be the custodian of the client’s money. He/she may want to settle your case without your consent to have a chance to steal the funds. Though sometimes it becomes hard to recoup money once stolen, the lawyer’s fund for client protection may be the solution. You may get your money reimbursed back. However, you may be required to send your claim for reimbursement within a given time. If your lawyer accepts a settlement without your consent, he/she can be charged with violating a fiduciary duty owed to you. This is unethical and should be reported to the state bar association. And it can only amount to legal malpractice if you’re able to prove that the amount he/she settled for was less than what your case could be worth. Therefore, never be pressured by your lawyer into settling, not unless you are sure that the settlement if favorable. Can Your Lawyer Withhold Information? In some circumstances, your lawyer may be justified in withholding information. This is if you are likely to react incautiously to quick communication. For instance, a medical diagnosis may be withheld when being communicated to the client during an examination if its disclosure would harm the patient. However, withholding this information would be appropriate if it’s only for the client's best interest. That’s why it’s always recommended to hire a lawyer who can make the right decisions. Your lawyer can offer you advice, but you've to make the final decision. A good lawyer doesn’t only have an obligation to inform you about the settlement offer. He/she should also come up with an opinion of whether you should consider it final or if there is a possibility of claiming more. However, even if your lawyer says that the offer is not adequate for the case, you can choose to accept the offer or not. In such a case, your lawyer should notify the insurance company or the defense party that the offer has been accepted and so the case settles.