Is it Legal Malpractice to Accept a Settlement Without a Client’s Permission?

Posted October 13th, 2020.

Categories: Legal Malpractice.

There are few things more frightening, and potentially devastating than being involved in a serious accident. Whether the accident happened on the road, such as in a car accident, or it happened on someone’s property, such as a slip and fall, if you have been wrongly injured, the bottom line is that you were most likely entitled to financial compensation to help you heal. This is why personal injury attorneys exist. When people are injured due to another party’s negligence, they count on personal injury attorneys to recover the full compensation they need to get back on their feet again.

If you found yourself in this situation and you hired a personal injury attorney to fight for your rights, you may have felt a sense of relief, knowing you had someone in your corner. However, one day you received a call from your attorney informing you that he or she has accepted a settlement on your behalf–without your consent. What now? Was the settlement your attorney accepted sufficient? And even if it was, you were still most likely stunned–and rightfully so–that your attorney would make such a significant decision without first consulting you. Accepting a settlement on behalf of a client, without that client’s permission is oftentimes considered legal malpractice, and if your attorney did this, there is a very good chance that you may have a valid legal malpractice claim. Our firm is here to help you. Please read on and reach out to our experienced New Jersey legal malpractice attorney to learn more about these cases and how our firm can help you attain the justice you deserve.

Is an attorney allowed to accept a settlement without his or her client’s consent?

Unless you explicitly told your attorney that he or she has permission to accept a settlement that was “x amount or higher,” he or she is not permitted to accept a settlement without your permission. If you did not give your attorney explicit consent to accept a settlement above a certain number, and your attorney did so anyway, then you most likely will have a case. Additionally, if you are someone who believes that your attorney deceived you into accepting a settlement that was, in some way, not accurate or insufficient, you may also have a valid claim. The bottom line is that if you believe you are the victim of legal malpractice, our firm is here to help. All you have to do is ask.

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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