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?
2007-01-12 11:11:40 · 6 answers · asked by khannh1995 3 in Politics & Government ➔ Law & Ethics
YOU MAY HAVE SIGNED SOMETHING THAT SAID HE COULD
I'M SURE YOU DID NOT READ EVERYTHING YOU SIGNED FOR YOUR ATTORNEY
IT WOULD HAVE TAKEN YOU DAYS---IT'S VERY POSSIBLE THAT'S WHAT HAPPENED
2007-01-12 11:16:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In California, the rule is that the attorney has the to communicate "All amounts, terms, and conditions of any written offer of settlement made to the client in all other matters." If it isn't in writing, the attorney doesn't have a specific duty to communicate the offer, but I think the failure to do so is a bad idea and certainly very rude. The laws of and rules of professional ethics in your state may be different.
2007-01-12 11:25:53 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Your attorney cannot settle without you, however, the attorney looks for the best interest in his/her client. So i'm sure he only did it for the betterment of you. Most attorneys call and let thier clients know that they are in the negotiation process, so he probally did it so you won't ask for a ridiclious amount of money....trust me he knows what he's doing and it's worth it. but he CANNOT settle with out you (some negotiate with clients and some negotiate without)...if not you could contact the ABA in your state and let them know...good luck on your decision
2007-01-12 11:19:33 · answer #3 · answered by Jay Dee 2 · 0⤊ 0⤋
Absolutely, your lawyer must keep you informed of any settlement offer--even one he/she knows you will reject. While an atty can negotiate without the consent of the client, the atty cannot settle. If this has happened to you, report the atty to the Disciplinary Board of your state bar and then get another atty and sue the first for malpractice.
2007-01-12 11:18:07 · answer #4 · answered by David M 7 · 2⤊ 0⤋
What does your agreement with the attorney say?
2007-01-12 11:14:49 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Not unless you signed something giving him permission to do so.
2007-01-12 11:24:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋