Can my attorney settle my accident case without my consent. I wanted it to go to trial. After 8 years of them stone walking, losing doctors papers, and important documents I received a letter in the mail saying my attorney had settled the case and accepted payment for the accident. What are my rights?
1 Answer from Attorneys
It should not be possible for an attorney to settle a case without your participation and signature on important documents. Sometimes if the attorney has been given, by you, the power to sign on your behalf, specifically including signing on a settlement check, then it could happen, but that would be unusual. I would ask to see all of the settlement documents including the signature pages and then if it seems wrong, nad your attorney cannot satisfy you in conversation as to the wisdom and propriety of his actions, go seek a free consultation with another attorney and ask these questions in detail. If the signatures are not authorized by you, or were forged, of the numbers do not add up, then you could file a complaint against your attorney with the State Bar in your state and they would investigate the situation. This last possible step should only be taken if you are sure that your attorney has done something wrong. It will probably engender hard feelings between you and your attorney. I would definitely talk it over with the attorney first. Good luck.