Can My Lawyer Settle My Case Without My Consent?

Can My Lawyer Settle My Case Without My Consent?

Lawyers are responsible for representing your interest. They assist you in understanding the legal concepts and making recommendations on the best move for you.

A lawyer does not have the right to make any legal decisions regarding a client without their consent. If one were to do so, they would violate the bar ethics.

So what exactly does a lawyer do?

Settling Process

The process happens when a defendant is willing to pay the plaintiff an acceptable amount rather than settling the dispute in court. It usually takes less time and finances and is preferred by both parties.

Both parties must agree and sign the settlement agreement to make it legal and abiding. Although you can do this process on your own, having a lawyer’s input will give you a better chance for significant compensation.

The process will normally take place in the following step;

  • Discovery
  • Negotiations
  • Settling

Discovery

In this stage, your lawyer will gather all the necessary evidence to prove the injury and damage they caused. They will then submit the claim to the defendant. In cases of injuries caused by a hurricane, you should use a hurricane lawyer for this process.

Negotiations

Through a neutral third party, the defendant and plaintiff engage in a discussion to settle the amount. The negotiation will go on until both parties agree on the payable sum.

Settling

As a plaintiff, you must agree to the amount to sign the agreement. If your lawyer, in your absence, were doing the process, they would have to explain and advise you on the settlement amount the defendant agreed to pay.

Once you have signed the agreement, the dependent is given a reasonable amount of time to pay the settlement.

What Do You Do if Your Lawyer Accepts a Settlement Without Your Consent

In rare instances, the lawyer may agree to an agreement you did not consent to. In such instances, the lawyer has breached their fiduciary duties. You can take legal action against the lawyer, which would result in them getting disbarred or damaging their reputation.

It would be best to contact a contract lawyer to help you in the process of taking legal action against your personal injury lawyer.

To prove your case, you will need to provide a contract sighed by you and your lawyer to prove the existence of an attorney-client relationship. You will also need to prove the lawyer acted without your consent, that his actions were not in your best interests, and that they caused financial damage.

You can also file a complaint with the bar association to have the lawyer disciplined. A judge may order the lawyer to pay the full amounts he made you lose due to his decision.

Your lawyer should not agree to a settlement without your consent. When one does, you can take legal action against them. If you have suffered any damages from the hurricanes in Florida, consult a lawyer to aid you in getting fair compensation.

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About the Author: Barry Lachey

Barry Lachey is a Professional Editor at Zobuz. Previously He has also worked for Moxly Sports and Network Resources "Joe Joe." he is a graduate of the Kings College at the University of Thames Valley London. You can reach Barry via email or by phone.