QUESTION

Can a lawyer settle your case without your permission.

Asked on Nov 19th, 2020 on Automobile Accidents - Louisiana
More details to this question:
My son was in a school bus accident and it was a hit and run and the lawyer called me and asked me to come sign the check. I never agree to settle is there anything I can do. The accident happen 11/21/2019
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1 ANSWER

DUI/DWI Attorney serving Lafayette, LA at Boustany Law Firm
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Absolutely not. Under Rule 1.2(a) of the Rules of Professional Conduct set out by the American Bar Association, which every attorney is bound by, "[a] lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation", but "[a] lawyer shall abide by a client's decision whether to settle a matter." The decision to accept or reject a settlement is solely the decision of the client. The attorney must convey all settlement offers to the client and, if the client expressly authorizes the attorney, they may accept a specific amount for the client, but the decision is the client's. Now something else to consider, if the accident occurred on November 21, 2019, under Louisiana law a lawsuit for tortious injuries must be filed within one year of the accident or injury to preserve the injured party's right to recover. So, if the suit has not yet been filed, it should be filed as soon as possible. If the suit is not timely filed, the right to recover damages will be lost. Could it be that your attorney is calling to have you sign a verification of a petition to be filed?
Answered on Nov 20th, 2020 at 10:06 AM

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