Can My Lawyer Accept a Settlement Without My Consent?
Blog   |  August 25, 2023
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The question itself is scary, and you should definitely know the answer to it before you hire a lawyer for your personal injury case. Your personal injury lawyer is someone who wants the best outcome for you.

To pursue that goal, they can settle for an offer without your consent—especially if it can influence the outcome of a legal situation significantly. Unfortunately, making that choice isn’t always easy, and you must understand your rights regarding such matters.

This blog post will explain the relevant factors that go into this issue so that you can make informed decisions going forward. 

So, if you are curious about how your attorney handles settlements regarding liability and damages incurred from accidents, stay tuned!

Understand the role of an attorney in settlement negotiation

Settlement negotiation can be a complicated process, which is why having an attorney is crucial. Attorneys are legal experts who can help you navigate the complex legal system and ensure your rights are protected during negotiation.

They can provide valuable insights regarding the strengths and weaknesses of your case, identify potential pitfalls, and recommend strategies to achieve the best settlement possible. 

With their experience and expertise, attorneys can represent your best interests and negotiate on your behalf. By understanding the role of an attorney in settlement negotiation, you can make informed decisions about your legal situation.

Learn why your lawyer may not need your permission to settle a case

While it might seem counterintuitive, there are certain situations where your lawyer does not necessarily need your explicit permission to settle a case.

It primarily occurs when you have signed a contingency fee agreement that gives your attorney the right to settle without obtaining your explicit consent each time. 

It is beneficial in situations where the case is straightforward or the settlement amount is within a certain expected range, allowing for a faster resolution of the case. However, such a clause is not standard and it’s crucial to read any legal agreements thoroughly before signing. Always remember that it is your right to be informed and consulted about any decisions that could influence the outcome of your case.

The risks of allowing your attorney to settle without your consent

There are potential risks associated with granting your attorney the right to settle without your explicit consent. One risk is that you may not agree with the settlement amount or terms.

It could occur if your attorney has a different perception of what constitutes a fair and reasonable settlement. Another risk is the potential for conflict of interest. Your attorney might have an incentive to settle the case quickly if they are working on a contingency fee basis and want to secure their payment. 

Another risk is that your relationship with your attorney could be compromised if you feel your interests and wishes were not adequately represented. Therefore, you must maintain clear and open communication with your attorney to ensure that your interests are being properly represented and that you are comfortable with the settlement process.

Develop strategies to protect yourself if you want control over the settlement

To protect yourself and maintain control over the settlement process, consider the following pointers:

  1. Thoroughly review any agreement before signing. Seek clarification or modification if a clause allows the attorney to settle without your explicit consent.
  2. Maintain regular communication with your attorney. Request updates on the progress of your case and the settlement negotiation process.
  3. Express your expectations and concerns openly. Communicate your desired settlement range and any specific terms you have in mind.
  4. If you feel uncomfortable with your attorney or believe your interests are not adequately represented, you have the right to seek a second opinion or change your attorney.

By following these steps, you can ensure your interests are protected and maintain control over the settlement process.

In conclusion

It’s imperative to remember that the role of a lawyer is to advocate for your best interests and ensure your rights are protected. While there may be situations where your attorney can settle a case without your explicit consent, it’s not a standard practice and is typically tied to the specifics of your contingency fee agreement.

About Kemp Ruge and Green-

Are you looking for personal injury lawyers in Tampa? At Kemp Ruge and Green, we fight on your behalf! Regardless of where you live in the Tampa Bay region, including Hillsborough, Pasco, Pinellas, and Hernando Counties, we look forward to helping you make the best of your situation. 

When you choose Kemp Law Group to help you through the legal process, you are being helped by a committed firm and the community in which we all live. When you choose us, you will get an attorney committed to getting the best possible result for your case.

Our firm is unique; we are committed to our community and clients with a level of legal expertise that is among the best in the area. We were also featured in Positively Tampa for our efforts in serving the community.

We can help you with motor accidents, boat accidents, semi-truck accidents, bus accidents, and car accidents. Fill out our contact form or call 727-835-8327 to get a no-risk, free consultation.

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