Legal Question in Personal Injury in Maine

Does a lawyer have the right to present a settlement demand to the Insurance Company that has not been first approved by the Client.

Asked on 4/10/11, 4:20 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

In any legal representation, the lawyer cannot ethically present a settlement offer to the opposing party that has not been approved, either specifically or generally, by the client. In addition, the lawyer must present any counteroffers made by the opposiing party to the client, regardless of the size of the offer. These ethical rules apply to all matters, not just personal injury.

The issue is sometimes one of communication in which the lawyer thinks that based upon a recommendation and general advice he/she has obtaiined from the cleint a range of settlement authority and proceeds, even if a specific offer has not been discussed and approved.

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Answered on 4/11/11, 5:38 am

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