When a legal dispute reaches settlement talks, the decision to accept or reject an offer belongs to you. Your attorney may explain the strengths of your case and the risks of going to trial, but you make the final call.
If your attorney agrees to settle your case without your informed consent, the situation may raise serious legal and ethical concerns.
Your right to decide whether to settle
Informed consent means you receive enough information to evaluate the offer. This usually includes the settlement amount, the specific claims you will release and the long-term financial impact of the agreement.
California law and professional ethics rules grant clients the authority to decide whether to accept a settlement. Your attorney should explain the terms, outline the risks and benefits and help you understand the consequences before you decide.
If an attorney agrees to a settlement without clearly explaining the terms and getting your approval, that action may violate the duties the attorney owes you.
What may happen if a settlement occurs without consent
Several outcomes may follow if an attorney settles a case without your authorization. The details of your case and the resulting financial harm involved may affect what happens next. Possible consequences include:
- State bar discipline: The State Bar of California may investigate ethical violations and impose penalties.
- Legal malpractice claims: You may pursue a malpractice claim if the unauthorized settlement caused significant financial harm.
- Court review: A court may examine whether the attorney had authority to enter the settlement.
Not every dispute about a settlement rises to the level of malpractice. However, an unauthorized settlement that causes major financial loss may raise serious concerns.
Taking a closer look at the situation
If you suspect your attorney settled your case without your approval, you may want to look more closely at how the decision occurred. Settlement agreements, emails and other written communications may reveal how terms developed and whether authorization appeared in the record.
Reviewing these details can help you better understand if the settlement reflected your informed decision or if attorney negligence may have played a role.