QUESTION
Is it ethical for an attorney to accept a settlement that I did not approve?
Asked on Apr 24th, 2013 on Personal Injury - California
More details to this question:
Also, after his fees are deducted, the amount leftover does not cover medical bills. This is for an auto accident settlement.
12 ANSWERS
Ronald A. Steinberg
I think that you need to sit down with the lawyer and discuss why it is recommended that the case settle for the amount stated. It should make sense to you. However, just because YOU think that a case is worth more, that does not mean that it is actually worth more.
Answered on Apr 29th, 2013 at 7:58 PM
An attorney can not settle a case without the approval of his client. If you really gave no verbal approval, the settlement is invalid. Whether the settlement was reasonable depends upon your injuries, reasonable medical treatment, needed wage loss, pain and suffering , and your percentage of fault in the accident. There may be a practical limit in that the other driver has only $15,000 in automobile insurance coverage.
Answered on Apr 26th, 2013 at 12:10 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Lawyer cannot accept settlement you don't approve and it has nothing to do with the amount or the bills left over. A settlement is based on the fact s of that case and if it is small it is because the case is small. Don't try to blame the lawyer.
Answered on Apr 25th, 2013 at 10:03 PM
No, the attorney should not accept a settlement you have not approved.
Answered on Apr 25th, 2013 at 9:29 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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As a general rule an attorney may not enter into a settlement on your behalf without your consent. An attorney does have a duty under the Michigan Rules of Professional Conduct to keep you informed of the progress of your case and to give you advice when advice is requested. Some attorneys have a Retainer Agreement that includes Power of Attorney and/or that gives them your permission to settle your claims on terms that they believe are in your best interests. You should check the terms of whatever you signed when you retained you lawyer and that will probably answer your question. Most settlements require the injured party to sign a Release that the defendant sends you. If you do not wish to settle, don't sign the Release. Of course, there is the situation, see above, where you may have given your attorney the power to sign for you. You can still attempt to disavow a settlement if it was not made knowingly or with your consent, but it is likely you'd have to hire new counsel to file a Motion with the court to cancel the existing settlement - and depending on the judge and the facts, you may, or may not, be successful.
Answered on Apr 25th, 2013 at 9:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Absolutely not. Fire that attorney and hire another one.
Answered on Apr 25th, 2013 at 9:09 PM
James Eugene Hasser
A case cannot be settled without the client's permission.
Answered on Apr 25th, 2013 at 12:16 PM
Thomas Edward Gates
Only you can accept a settlement, not your attorney.
Answered on Apr 25th, 2013 at 12:14 PM
NA richard@jandjlaw.com
It's not good practice. It's done on occasion IF there is only a limited amount of insurance available. Generally, we make sure the medical bills are paid first. Sometimes, medical providers will discount their bills. Then, generally, we don't take more in fee than the client nets. You did sign a fee agreement, but that doesn't make it cast in stone that the lawyer should automatically get 33.33 percent of the total recovery. The Washington state Bar Assn does have people who work to resolve fee issues / disputes.
Answered on Apr 25th, 2013 at 12:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, an attorney is not allowed to settle the case without the clients agreement.
Answered on Apr 25th, 2013 at 12:13 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Absolutely not. In order to consummate the settlement you will be asked to sign a Release; if you do not agree with the settlement then do NOT sign the Release. The attorney, if he believes you are being unreasonable in not accepting the settlement, is ethically obligated to withdraw from representation.
Answered on Apr 25th, 2013 at 12:11 PM
Monica Cecilia Castillo-Barraza
An adult plaintiff should approve their own settlement. Look to your retainer agreement with your attorney re fees and costs. Medical bills often can be negotiated.
Answered on Apr 25th, 2013 at 12:11 PM