Lawyers need to have excellent people skills as much as they need to have an in-depth understanding of the law. A big part of practicing law involves communicating with clients, negotiating with outside parties and presenting a compelling case in court.
Lawyers often try to resolve issues outside of court. Quite a few legal matters related to injuries, contract breaches or divorces settle. The parties reach an agreement on their own that allows the case to proceed through the courts in an uncontested manner or for the plaintiff to dismiss the pending litigation.
While lawyers have the authority to act as agents on behalf of their clients, they still have to comply with certain basic rules. Those rules include communicating with clients about settlement offers and giving them the option is making the final decision.
Lawyers can’t settle without their clients’ consent
Attorneys have a fiduciary duty that requires that they act in the best interests of their clients. Some lawyers may take it upon themselves to decide what those best interests might be. A case that has recently drawn quite a bit of attention involves a lawyer settling without discussing the issue with their clients.
They went so far as to sign settlement paperwork on behalf of their client without their consent. While the fallout from that case continues, it serves as an important lesson for both clients and attorneys. Best practices in the legal sector mandate that clients deserve to receive notice outlining the terms of a settlement before their lawyer responds to the settlement offer.
Attorneys need to remember that their client’s input is a substantial component of what dictates the best interests of their clients. Those hiring lawyers also need to recognize that they have the right to assert themselves. In cases where lawyers make decisions without consulting their clients and receiving appropriate consent ahead of time, those attorneys may have violated the duty that they have to the people who hire them.
A failure to discuss a prospective settlement with a client before accepting it is potentially a form of legal malpractice. Filing a legal malpractice lawsuit can help clients recoup losses sustained due to unprofessional legal representation. Those forced into a settlement without their consent or knowledge may have reason to take legal action in response to their attorney’s behavior. The same is true of those denied the option of settling because their lawyer didn’t relay an offer.