Originally posted on October 11, 2021.
Your personal injury lawyer should always strive to get the best outcome for you, and they have an ethical and moral responsibility to do so. This can sometimes mean recommending that you reject a settlement offer if it’s too low, even if it means a longer wait before you get paid. But sometimes, unethical lawyers will push clients to settle when they don’t want to, simply because they want to churn through their caseloads faster.
Our law firm’s principles are built on:
- making sure that our clients are always fully informed of their options, and
- providing our professional recommendation on what we think is the best option for the most compensation.
We want our clients informed and involved in making decisions about resolving their cases.
VIDEO: Gary Bruce discusses options for settling disputes out of court.
However, settlement agreements cannot be taken back, even if you change your mind only minutes after telling the at-fault party that you accept. This is why it’s so important to make sure that settling is what you want to do, and that the settlement provides enough compensation for your injury-related expenses.
But can a lawyer accept a settlement on your behalf when you don’t want to, and is it still legally binding if they do? This blog discusses that very question.
Can My Lawyer Accept a Settlement Without My Permission in Georgia?
Unfortunately, yes. Even if you didn’t provide written or verbal agreement before your lawyer accepted the settlement, it’s still legally binding because your lawyer is considered to have the legal power to answer on your behalf. Settlement agreements made by your lawyer cannot be taken back. This is one very important reason to be careful about who you allow to handle your case. Hiring an out-of-town firm or a lawyer you’re unfamiliar with may be a mistake.
Related Reading: How to Pick a Good Lawyer
While it can be unethical for a lawyer to accept a settlement without your permission, it is not illegal. If it happens, it may be worth consulting with another lawyer about whether you have a legal malpractice claim if you think your case was settled inappropriately.
Can My Lawyer Accept a Settlement Without My Permission in Alabama?
No, Alabama law does not allow lawyers to bind clients to a settlement without their prior agreement.
When a lawyer is presented with a settlement agreement from the at-fault party’s insurance, they need to not only tell their client what the offer is, but also explain what it means. For example, it’s not enough for them to just tell you the dollar amount of the offer; you should also know how much money you will take home after medical liens and lawyer fees, and your lawyer should explain whether they think the offer is fair.
The settlement should not be considered finalized and legally binding until the injury victim has signed the release and settlement documents themselves. Unscrupulous lawyers might still try to accept a settlement you don’t want, so make sure you are upfront with your lawyer about what you want to do.
What to Do If You Disagree with Your Lawyer About Settling Vs. Going to Trial
If you disagree with the approach your lawyer is recommending, whether that’s settling when you would rather go to trial, or the other way around, make sure to be up front with your lawyer about your concerns and ask them to explain their reasoning. After talking, their approach may make more sense to you.
Your lawyer may also make the decision to withdraw and ask you to find new legal representation if they strongly disagree with the course of action you want to take.
If you still disagree, there is nothing wrong with speaking to another lawyer and getting a second opinion, or even hiring a new, different lawyer if it comes to that. If your current lawyer threatens you by demanding payment, your new lawyer can usually take care of the transition and any problems that arise.
What to Do If Your Lawyer Has Acted Unethically
A lawyer is supposed to be an advisor and an advocate, and any lawyer who acts against the best interests of their client has majorly violated their client’s trust and damaged their reputation. If you believe your lawyer has acted unethically or illegally, then you can file a complaint against the lawyer with the state bar association.
Related Reading: 10 Signs You Should Fire Your Lawyer and Get a New One
If the problem is that your lawyer accepted a settlement without your permission, make sure to inform the other party that you have NOT accepted their settlement despite what your lawyer told them. If you have hired a new lawyer, inform the other party of that as well, and that they will need to direct all future communication through your new lawyer.
Do NOT cash the check from the settlement, as this will be seen as accepting the settlement.
It may be possible to sue your lawyer for legal malpractice, but this can be very difficult. It is not considered malpractice if you are simply dissatisfied with the amount you received in compensation; you need to be able to clearly show that your lawyer mishandled or misrepresented your case.
Get a Lawyer You Can Trust
At the Law Offices of Gary Bruce, we know that the trust our clients place in us is our greatest strength, and we’d never do anything to sabotage that.
We’ve worked with many clients who came to us after speaking or working with another firm who felt uneasy about the advice their previous lawyer gave them or who weren’t satisfied with the offer their previous lawyer was pressuring them to take. We don’t work like that.
We will work to make sure that you will be fully informed of every step we take on your behalf at every step of the journey and we will never accept an offer without your explicit permission.
Do you want to talk to a Columbus personal injury lawyer about your case? At our firm, your initial consultation is always free. Call today for your free, no-obligation case evaluation.
