Has Your Lawyer Settled A Case Without Your Authorization?

Almost two decades ago, Harry H. Schneider Jr., a partner at Perkins Coie in Seattle, published his “Top Ten” list of Legal Malpractice in the March 1994 issue of the American Bar Association Journal. Entitled See You In Court, Follow These Ten Rules and You, Too, Can Be Sued for Malpractice, this article touched on many malpractice issues that remain relevant to this day. Number nine on the list was: “Settle a Matter Without Written Authorization From Your Client.” For what it’s worth, if we had written this list, we would have may have ranked this rule higher.

Although some lawyers require their clients to sign contingency agreements allowing the lawyer to settle without the client’s consent, generally the decision to settle is the client’s and the client’s alone. If your lawyer settled behind your back to make a quick buck, check your contingency agreement. Or better yet, bring it to us. We’ll take a look and let you know if you've got a case.