can a lawyer settle without my consent

 

Accurately calculating your damages and collecting evidence can be a very difficult and complex process. Working with an attorney is the best way to measure your losses and get compensation from the party at fault for your injuries. 

 

Injured persons considering hiring a lawyer sometimes wonder whether they give up any of their ability to make decisions once they have an attorney. A common question is: can a lawyer settle without my consent?

 

The simple answer to this is no. 

 

You make all the important decisions concerning your case after the related information is carefully explained to you. The role of your attorney is to collect the evidence you need to accurately calculate your damages. Then, they use their knowledge of the law and case precedent to get you the best possible settlement. 

 

Read on to learn more, and know that one of the New York personal injury lawyers from The Weinstein Law Group is standing by to provide a cost-free, risk-free consultation for your case. 

 

Call (212) 741-3800 today. 

 

You’re Protected by Fiduciary Duty

As detailed by the New York State Senate, when an agent is acting under a power of attorney on behalf of a principal (you) to make decisions, they owe you what is called a “fiduciary duty”. 

The fiduciary duty you are owed by your attorney includes, but is not limited to, the following obligations: 

  • To act according to any instructions you give to your attorney 
  • To keep your property separate and distinct from the property of the attorney 
  • To keep a record of all receipts, transactions, and disbursements made by the attorney on your behalf 

Your attorney is your agent and advocate, and their role is to provide you with the information you need to make the best decision possible in your case or claim. 

 

What to Do if Your Attorney Settled Without Your Consent

If your attorney has accepted a settlement without your consent, you could be entitled to compensation for any damages that resulted from the settlement. If the settlement was for less than you are entitled to, your attorney could be liable for the difference. 

Take the following steps: 

Obtain new legal counsel to intervene.

If your attorney took a settlement without consulting you, they did not respect your rights or adhere to their fiduciary duty. The first step after this has happened is to seek out new legal counsel to intervene on your behalf and help to manage or control the negative impact on your case or claim. 

Notify the insurance company that you did not accept.

If your attorney accepted a settlement on your behalf without your permission, let the insurance company know that you do not accept. The power to deny acceptance is yours and yours alone, regardless of whether your attorney decided to do so without your permission. 

Do not deposit the check.

Depositing a settlement check means that you accept it, and if you deposit a check that does not cover your full damages, you may be prevented from pursuing them in the future. 

If you do not agree with a settlement your attorney accepted without your consent, do not cash it, call the insurance company and tell them you do not accept, and begin looking for a new attorney who respects the value of your consent. 

 

Always Putting Clients First

Did a lawyer settle without your consent? Get new counsel right away. 

At The Weinstein Law Group, we put our clients and their rights first and foremost. Through years of effectively advocating on behalf of our clients, we have achieved a strong track record of success, recovering over $100,000,000 for our clients.


Reach out to The Weinstein Law Group to schedule a consultation, or call (212) 741-3800 now!