Can My Attorney Accept a Settlement Without My Consent?
At Simon Law Group, we often speak with clients who are deeply frustrated after discovering that their former attorney accepted a settlement without their knowledge or approval. Understandably, this can feel like a betrayal—especially if the settlement amount falls short of what the client expected or deserved.
In general, an attorney cannot accept a settlement offer without the client’s informed consent. While a client may grant their attorney limited authority to settle within a specified range, such authority must be clearly communicated and documented. Unless this express authorization exists, attorneys are ethically obligated to present all settlement offers to their clients and allow the client to make the final decision.
An attorney's role includes:
Explaining the terms and consequences of any settlement offer
Offering a professional opinion on whether the offer is reasonable
Outlining the risks involved in rejecting the offer
Ultimately, however, the decision to settle—or not—belongs solely to the client. Attorneys should act as trusted advisors, not decision-makers, when it comes to settlements that could significantly impact a client’s future.
Because settlements can have long-lasting financial and emotional consequences, it’s critical that clients feel informed and supported. You should never hesitate to ask your attorney questions before making a decision. Transparency, open communication, and trust are key to a successful attorney-client relationship.
If you believe your attorney acted without your authorization or failed to adequately communicate with you about a settlement, contact Simon Law Group, LLC. Our legal malpractice attorneys can help you understand your rights and explore your options.
Call today 800-709-1131 or text us below and we can reach out to you.