Can I Sue an Attorney For Accepting a Settlement Without My Permission?

Posted July 15th, 2020.

Categories: Legal Malpractice.

You have been injured in a car accident, due to no fault of your own, and you suffered real, tangible damages, both physically, financially, and emotionally. What do you do? You hire an attorney who states that he will fight, tooth-and-nail, for the compensation you deserve and need to get back on your feet again. This is good news, because you are in dire need of this compensation so you can sufficiently heal.

Weeks, even months go by, and everything seems to be going well when suddenly, one day, your attorney tells you that he has accepted a settlement on your behalf. At this point, you are most likely both confused, hurt, and, of course, frustrated, to say the least. Attorneys should never accept settlements on their clients’ behalf without first getting their permission. This all seems incredibly basic, even on a human level, however, it happens far more often than we would like to admit. If this, or a similar situation has happened to you, you must continue reading and speak with our knowledgeable New Jersey legal malpractice attorney today to learn more about whether you have a case going forward. Here are some of the questions you may have:

Can an attorney accept a settlement without my consent?

No. Unless you asked your attorney, specifically, to only accept a settlement that was greater than “X,” and even then, your attorney should inform you of the settlement offer before going ahead and accepting. Attorneys are never permitted to accept a settlement without informing you of the settlement and getting your explicit permission, however, for instance, if you told your attorney, “Try for as much as you can, however, I will accept a settlement of X,” the attorney gets this settlement and accepts, you will most likely not have a legal malpractice claim against him.

Can I sue an attorney if I believe he or she tricked or forced me to accept an inadequate settlement?

If you believe that your attorney coerced, deceived, or pressured you to accept a settlement that simply was not fair or in your favor, there is a very good chance you may have a legal malpractice claim. However, legal malpractice claims of this nature are seldom easy to win, which is why you must retain the services of an experienced New Jersey legal malpractice attorney before proceeding.

Contact our experienced New Jersey firm

The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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