Discovering that your attorney settled your case without your knowledge or consent is one of the most jarring experiences a client can have. You trusted this person to fight for you — and instead, they made the most important decision in your case without even picking up the phone. Here is what you need to know about your rights and your options.
This Is Almost Always Malpractice
Under Georgia Rule of Professional Conduct 1.2(a), an attorney must abide by a client’s decisions concerning the objectives of the representation, including whether to accept a settlement offer. This is one of the clearest rules in professional conduct — it is not a gray area. Your attorney cannot settle your case without your explicit, informed consent. Full stop.
If your attorney accepted a settlement without your authorization, they breached their professional duty and their fiduciary duty to you. This is legal malpractice, and depending on the circumstances, it may also be fraud and breach of contract.
What If the Settlement Was Already Finalized?
This is where it gets complicated, but not hopeless. In many cases, a settlement reached without the client’s actual authority can be challenged — either by seeking to void the settlement agreement itself or by pursuing damages against the attorney for the harm the unauthorized settlement caused. Whether you can unwind the settlement depends on the specific facts, including how the settlement was documented and what the opposing party knew.
Even if the settlement cannot be voided, you may have a malpractice claim against your attorney for the difference between what your case was actually worth and what you received — plus damages for the breach of fiduciary duty itself.
What If Your Attorney Also Took the Money?
If your attorney settled your case and failed to properly disburse your portion of the proceeds, you have additional claims for conversion, breach of fiduciary duty, and potentially fraud. These are serious claims that I pursue aggressively. Attorneys who steal client funds also face State Bar disciplinary proceedings and potential criminal prosecution, and I will not hesitate to refer appropriate matters to the appropriate authorities.
What You Should Do Right Now
- Do not sign anything your current attorney sends you without independent legal review.
- Request your complete file in writing immediately.
- Document everything you remember about what you were told about the settlement.
- Contact me for a free consultation.
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