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Can my lawyer settle without my permission

La Verne, CA |

I am suing my insurance under my underinsured motorist and my lawyer accepted an offer without my permission

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Attorney answers 11

Posted

An offer accepted without a client's permission is not binding. You need to contact your attorney and set up a meeting. There may be some good reasons he accepted an offer, perhaps the insurance company offered your policy limits.

If you do not get a satisfactory answer from your lawyer, you may wish to switch attorneys. But I would encourage you first to talk to your attorney and see if you can resolve the issue.

Good luck

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Posted

A lawyer cannot accept an offer; s/he can only convey the client's acceptance. If you did not accept the offer, it has not been accepted.

Asker

Posted

I recieved a letter from the insurance company stating they reached a settlement and a check was enclosed to my lawyer i did not agree to this. What steps should I take next?

Alan Ray Barnes

Alan Ray Barnes

Posted

Before you do anything else, contact your lawyer. There are plenty of explanations as to why you may have received this letter, ranging from an innocent mistake by the insurance adjuster to legal misconduct. Regardless, there is no settlement until you sign a form releasing your claims. After you talk to your lawyer, you may decide that accepting the offered settlement is the best route to take. But if you are going to reject it you need to let the insurance company know promptly. Don't delay - contact your lawyer immediately.

Posted

No

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

Posted

As Mr. Katz said, talk to your lawyer to resolve this. Do not cash the settlement check.

This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.

Posted

no. Call your lawyer and demand an explanation of what is going on. If he/she accepted the policy limit because that's all you can get, he/she should have explained that. Good luck.

Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.

Posted

No.

Posted

Not usually, although my retainers state that if I cannot reach you and a good offer is expiring, I will do what I think is in your best interest. Call your lawyer and find out what's up.

Posted

No

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Posted

That is not permissible. Call the disciplinary board today.

Posted

Absolutely not!

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Posted

If you didn't authorize acceptance of an offer of settlement, then your lawyer cannot accept on your behalf.

This information is not legal advice, does not create an attorney-client relationship, and is intended for general informational purposes only. Said information is given in the context of California law.