Legal Question in Personal Injury in Florida

Can the attorney I acquired settle my insurance claim & accept a check in my name without my consent?

Asked on 3/28/12, 10:52 am

5 Answers from Attorneys

David Slater David P. Slater, Esq.

Not unless your Retainer Agreement permits it.

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Answered on 3/28/12, 10:53 am
Christopher Roberts Ewusiak & Roberts

It's your case and you alone have the legal authority to settle. If your lawyer has settled without your permission, he/she is subject to discipline by the Bar and you should be able to have the settlement nullified if you will testify that you gave no authority to settle the case. [email protected]

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Answered on 3/28/12, 10:56 am
Charles Sinclair Sinclair Law Offices

The standard retainer agreement (contract) states that the lawyer is not allowed to settle a case without your permission. If your lawyer did this, and you do not agree to the settlement, ask him to have the settlement voided. You can also discuss this matter with the Florida Bar.

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Answered on 3/28/12, 11:10 am
Michael Tobin Michael M. Tobin, P.A.

You should have signed a Statement of Clients Rights form when you retained the attorney. It spells out your right to consent to any settlement. The lawyer is required to have you receive and sign this form.

Your question is unnecessary if you read and signed this Statement.

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Answered on 3/28/12, 1:34 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your consent is required to a settlement. The consent can be oral.

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Answered on 3/25/13, 11:49 am

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