Unauthorized Settlement — Legal Malpractice in Georgia

Your attorney settled your case without your knowledge or consent. You never agreed to the amount. You may not have even known the case was resolved until it was too late. This is not a gray area — it is a serious violation of the Georgia Rules of Professional Conduct and one of the most actionable forms of legal malpractice.

Your Right to Control Settlement Decisions

Under Georgia Rule of Professional Conduct 1.2, an attorney must abide by a client’s decisions concerning the objectives of representation, including whether to settle a civil matter. This is a non-delegable decision. Your attorney cannot settle your case — at any amount, for any reason — without your explicit, informed consent. Period.

What Typically Happens

Unauthorized settlements often involve one or more of the following:

When Funds Are Mishandled

In the worst cases, unauthorized settlements are accompanied by misappropriation of funds — the attorney settles, receives the check, and either keeps a disproportionate portion or never distributes the proceeds to the client at all. This crosses from malpractice into fraud and potentially criminal theft. I pursue all available civil claims in these situations.

What You Can Recover

You may be entitled to recover the difference between what your case was actually worth and what you received (or what was stolen from you), plus damages for breach of fiduciary duty, conversion, fraud, and in appropriate cases, punitive damages.

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