Can My Lawyer Resolve My Case Without Me?
The answer to this question is no. Your lawyer cannot resolve your case without consent. I write this because I was contacted by a Florida woman who slipped at a Louisville restaurant. She fractured her hip and had high medical bills. According to the woman her lawyer resolved her case without her consent.
I’m sure her lawyer’s side of the story is that he was authorized to resolve the case. His authorization would have been written consent or oral consent. Before resolving a case, I call my clients, discuss numbers, and write down in my computer system or file what number the client is ok with. This can be a “I want my case resolved for X” or “I want X amount of dollars in my pocket.” I’m good either way, but as a lawyer I’m obligated to discuss this with my clients.
I believe the woman that the lawyer resolved the case without her consent. The problem is that it is too late in the game for me to get involved.
I have also heard of other law firms calling a client and letting them know the check is ready for pickup. Meaning the lawyer took it upon him/herself to just resolve the case. This seems exceptionally dangerous and crazy to me, but there are people in every line of work that do things the wrong way.
If you have any concerns that your lawyer will resolve your case without consent put it in writing BEFORE the lawyer resolves the case. If you have a lawyer that you don’t think is the right lawyer you should get another one. The attorney client relationship is one where communication and trust should flow both ways.
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