Legal Question in Disability Law in California

I cannot address the specifics of your case but, generally speaking, it is not ethical for an attorney to settle a lawsuit without his client's consent. Whether the actual terms of the settlement were fair depends on the facts, evidence and law that applies to your specific case.

You should have signed a retainer agreement with the attorney, which is another ethical requirement. Most contingency fee agreements allow for the attorney to take a percentage of the settlement, plus the costs the attorney advances, on behalf of the client. Typical retainer agreements do not state that the defendant shall pay the legal fees.

If you believe your attorney has not been fair with you, ask for a full accounting and press him on what authority he settled the case. Settlements require a signed settlement agreement. Demand to see the agreement. If you are not satisfied with the answers you get, contact the State Bar of California and make a complaint about the attorney.

You have several options. If you can't resolve this satisfactorily with him, then you have the ability to file a complaint against him with the California State Bar Association, and with the local County Bar Association in your area. You are requesting they investigate and help you 'fix' the problem[s]. Do so only if you actually believe he did something unethical that you can prove.

If he can't or won't set aside the settlement, then you can hire an attorney to file a motion to try to do do so, and thus put the case back on track. This assumes the case has actual merit and value more than the settlement you mentioned. Any attorney you consult with will be able to give a 2nd opinion about that. If the case was only worth $500, then there is no point wasting money trying to put it back on calendar.

You could file a malpractice claim against him, but again, only do so if you can prove the case had significant value and that he failed in his professional duty to obtain proper value, without your consent.