Sorry if this is too long but I have a problem with my lawyer in my injury case (Massachusetts is where it all happened and where I live). This guy doesn't return my calls until I have to wait a week for it. And when he does call he doesn't seem like he's able to answer my questions. I know I can change lawyers but we're so close to being done with this according to what he told me last time we talked. But can he settle my injury case without asking me or getting my permission? I want to take the settlement and I don't want to go to court but I also want to make sure that the settlement is right and that he's not just taking whatever settlement offer the make. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Settlement of injury case
Sorry about your situation with your attorney. Not surprisingly, a failure to return calls is probably the most common complaint people have about their lawyers. In any case, you need not worry: The client must consent to settle the case, not the attorney. He cannot accept a settlement offer without asking you about it first. And, he is obligated to bring all reasonable settlement offers to your attention.
Having said that, even though your relationship with your attorney does not seem to be very good, you should listen to what he has to say about the matter. You need to rely on his experience in deciding whether the offer makes sense. The flip side of that coin is your attorney needs to step up to the plate at this stage of the case. You should not agree to accept a settlement, or reject it, until your attorney has answered any questions you may have about the offer. Push him and don't give him the green light until you understand the options and believe you are making the right choice. Good luck.
Settle injury case
Hello: Sorry to hear you are having these problems with your attorney. No, your attorney may NOT settle your case without your consent.
Attorney Chris Earley