I hired an attorney for an automobile accident, he filed a suit against other company , placing an amount without my approval, then later come up with a figure without notifying me, I just want to see if that was justify. I just need to know that do all attorney have the right to negotiate without the consent of his client?
2007-01-11 15:00:07 · 6 answers · asked by khannh1995 3 in Politics & Government ➔ Law & Ethics
He doesn't have that right to any degree. It's unethical, unlawful and violates all the Codes governing attys. You should repudiate the settlement offer in writing AFTER hiring another atty. You can call your state bar for a referral or just ask your friends. You should then file a disciplinary report against the atty.
2007-01-11 15:08:55 · answer #1 · answered by David M 7 · 2⤊ 0⤋
Under the rules of professional conduct in most states an attorney mustnotify his/her client of any written offer of settlement that the adverse party makes. Failure to do this is malpractice of law in most jurisdictions, and may be grounds for a suit against the attorney. The downside is that in order to prevail you will have to show that if not for the act of this lawyer, your award would have been higher, and that usually requires another attorney to testify. That very rarely happens. They can negotiate on your behalf, sure. But you as the client have the final say on
settlement.
2007-01-11 15:22:16 · answer #2 · answered by Jeffrey V 4 · 1⤊ 0⤋
Look at the fine print of what every attorney client contract you signed for him to represent you. Did he take the case on contingency or without fee until settled? Did you agree/sign to let him settle at your best interest?
2007-01-11 19:13:40 · answer #3 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
he cant do any of that without your knowing or approval...he is supposed to work and represent you, not what he "thinks" you might want...call the bar association about this..you might have a suit against him...he might be in collusion with the other company...you need to get an independent lawyer..not associated with either of these.....thats just a big no-no....
2007-01-11 15:04:23 · answer #4 · answered by badjanssen 5 · 1⤊ 0⤋
I was going to answer this, but David M said basically the same thing I was going to tell you. Thumbs up for David.
2007-01-11 15:14:21 · answer #5 · answered by deanie1962 4 · 0⤊ 0⤋
I agree, it's unethical, at least. However, filing a complaint isn't worth your time & energy. Lawyers are governed by lawyers & judges by judges.
2007-01-11 15:19:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋