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Have a friend that's waiting to settle from a lawsuit from an accident she was in about a year ago.

Augusta, GA |

Her lawyer doesn't want to settle with the opponent. However, she's willing to settle right away; accepting a very large amount. She's planning on contacting the opposing party on her own. If she tries or attempts to settle without her lawyers consent, what are the possible consequences on her behalf?

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Attorney answers 7


First, she should talk to her lawyer. Second, she should not try to contact the other side. Third, if she tries to talk to the other side, they should refuse to speak to her. Tell her to set an appointment to speak with her own lawyer asap. Find out what is going on. Good luck to her.


She is the master of her own destiny, and she can tell the lawyer what to do.


She may prejudice the case and still owe her attorney his/her fee.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


Why try to do something sneaky, when all she has to do is tell her lawyer that she wants to take the settlement?


Your friend has a real opportunity to mess up her case if she does what she is planning. Your friend has the right to say when the case settles or not. She should make an appointment with her lawyer to discuss these issues. She should not do anything behind her lawyer's back. She will still owe her lawyer a fee if she does this. She should work with her lawyer, not against him.


Ethically, opposing counsel should not speak with your friend while she is represented and he should require proof that your friend is no longer represented. That means your friend needs to terminate her present counsel, in writing. Note that, under most customary contingency contracts, your friend will still owe her present counsel his contingent fee based upon the highest settlement offer he has obtained for her and he will have a lien upon her case for his fee. I would not terminate present counsel unless your friend has spoken at length with the patty., fully understands why he does not want to settle at this time and still cannot agree with his posture.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein for educational and informational purposes only. No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.


I'm sure there is a better solution to this problem. It would be best for her to discuss this firmly with her lawyer. Good luck.

John M O'Brien

John M O'Brien


Excellent answer from Mr. Cleary

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