Legal Malpractice My attorney accepted a settlement without my knowlege.

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aguablue

New Member
Personal injury lawsuit against two defendants, I gave my consent to one of the defendants, and my attorney accepted a settlement from the second defendant without my knowledge or consent. Did he violate his fiduciary duty to me.
 
aguablue said:
Did he violate his fiduciary duty to me.
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Although you appear to have asked a question, there is no question mark at the end of your sentence, the initial word used in your declarative sentence "did" allows me to deduce you attempted to ask a question.

My answer, MAYBE.

Internet strangers can't definitively answer your query.

I suggest you take ALL of your case documents to two or three legal malpractice attorneys near you and ask for an evaluation of your position.
 
army judge said:
Although you appear to have asked a question, there is no question mark at the end of your sentence, the initial word used in your declarative sentence "did" allows me to deduce you attempted to ask a question.

My answer, MAYBE.

Internet strangers can't definitively answer your query.

I suggest you take ALL of your case documents to two or three legal malpractice attorneys near you and ask for an evaluation of your position.
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aguablue said:
I gave my consent to one of the defendants, and my attorney accepted a settlement from the second defendant without my knowledge or consent.
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At any point (including in your retainer agreement with the lawyer), did you authorize the lawyer to settle on your behalf?

aguablue said:
Did he violate his fiduciary duty to me.
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Depends on how you answer the above question and the details of your case and the settlement (the same is true of your question about malpractice).
 
Yeah, I am confused as to how you could get a settlement from the other defendant without having to sign a release. Could have to do with the powers given to the attorney via the original contract.
 
aguablue said:
MY attorney as a Fiduciary, cannot accept a settlement without my consent, is this malpractice? This reply comes from NY.
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Rman makes a good point. Did you sign separate releases for the two settlements? You should know what you signed and have copies.

Another thing occurs to me. It's possible that the second insurance company tendered it's coverage limit. If that was the case then your attorney did nothing wrong by accepting it. And if you didn't have to sign a release for it, you may still be able to file a claim on your Underinsured Motorists coverage (assuming this was an auto accident and assuming you have sufficient UM limits).
 
I did not authorize my attorney to settle without my consent, If that was the case, my attorney would have accepted the first settlement without my consent, he call me and stated if I wanted to accept or not and I told him to accept it.
 
aguablue said:
I did not authorize my attorney to settle without my consent, If that was the case, my attorney would have accepted the first settlement without my consent, he call me and stated if I wanted to accept or not and I told him to accept it.
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There is nothing any poster on this site can do to help you but spew typed words.

You're burning daylight.

If you believe you've been cheated or abused, file an ethics complaint with the state bar association in NY state.

Alternatively you can hire an attorney to seek legal redress and your justice.

You'll learn one day that in this country there is very little LEGALLY you or I can do when we get screwed but whine.

You're thinking, I can sue the weasel.

Yes, you can but only in a brick and mortar courtroom.

You'll also learn that justice, unlike instant coffee can't be achieved with verbal utterances, complaints, accusations, or commands.

In fact, even if justice is achieved, some weasels refuse to comply with the judgment.

Bottom line, prevailing often means you just get more manure heaped on you.

Good luck.
 
aguablue said:
I did not authorize my attorney to settle without my consent, If that was the case, my attorney would have accepted the first settlement without my consent, he call me and stated if I wanted to accept or not and I told him to accept it.
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Told him to accept what? The offer from the first tortfeasor, what is not clear is who the other defendant is, your UIM/ UM carrier?

If it is your insurance and it is for policy limits then it probably would be automatic as they are not going to pay over limits on any liability without going to court and hitting them with other things like bad faith.
 
Redemptionman said:
tortfeasor
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One of my twenty favorite legal words or phrases.

The mere mention or sight of tortfeasor and memories of my 1L days rush through my mush filled skull.

Thanks for the memory, mate.


What Is a Tortfeasor?
A tortfeasor is an individual or entity that has been found to have committed a civil offense that injures another party.
 
aguablue said:
I did not authorize my attorney to settle without my consent, If that was the case, my attorney would have accepted the first settlement without my consent, he call me and stated if I wanted to accept or not and I told him to accept it.
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You haven't answered the question.

Did you sign releases for either or both of the settlements?

I put that in bold in the hope that you won't overlook it this time.
 

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