The decision to settle a legal case belongs to the client—not the attorney. When a lawyer settles a case without the client’s knowledge or approval, that conduct may constitute attorney negligence, breach of fiduciary duty, or legal malpractice under Georgia law.
Settlement without consent can deprive a client of fair compensation, extinguish valuable legal rights, and cause lasting financial harm. If you believe your attorney settled your case without your consent in Georgia, The C. Paul Law Firm P.C. can help you evaluate your rights and potential legal remedies.
What Is Settlement Without Consent Under Georgia Law?
Under Georgia law and professional standards, an attorney must obtain a client’s authorization before accepting or finalizing any settlement. While lawyers may negotiate on a client’s behalf, they may not unilaterally bind a client to a settlement agreement.
Settlement without consent occurs when an attorney:
- Accepts a settlement offer without client approval
- Signs or submits settlement documents without authorization
- Finalizes a settlement contrary to the client’s expressed wishes
When this conduct causes harm, it may support a civil claim for damages.
Common Examples of Settlement Without Consent
Settlement-related malpractice claims may arise from situations such as:
- Accepting a settlement below the client’s stated minimum
- Settling a case after the client rejected the offer
- Failing to communicate settlement terms before acceptance
- Forging or misrepresenting client approval
- Pressuring a client after the settlement has already been accepted
- Settling claims while an appeal or further litigation was desired
- Disbursing settlement funds without client authorization
Each case depends on the communications, documentation, and resulting harm.
Client Authority vs. Attorney Authority in Settlement Decisions
Georgia courts clearly distinguish between client decisions and attorney discretion.
Settlement Authority Overview
| Issue | Who Has Authority |
| Whether to settle | Client |
| Accepting or rejecting an offer | Client |
| Settlement amount | Client |
| Negotiation strategy | Attorney (with consultation) |
| Drafting settlement documents | Attorney |
| Final settlement approval | Client only |
An attorney may not override a client’s decision regarding settlement.
What Must Be Proven in a Georgia Settlement Without Consent Case
To pursue a claim based on settlement without consent, a client generally must establish:
- An attorney-client relationship existed
- The attorney accepted or finalized a settlement
- The client did not authorize the settlement
- The lack of consent breached professional duties
- The client suffered actual damages
Courts closely examine written communications, settlement records, and testimony regarding consent.
Settlement Without Consent vs. Strategic Judgment
Settlement without consent is not a protected strategic decision.
- Strategy involves negotiation tactics and recommendations
- Consent is a mandatory client decision
No strategic rationale excuses settling a case without client approval.
Damages in Settlement Without Consent Claims
Depending on the circumstances, recoverable damages may include:
- Difference between settlement amount and case value
- Lost claims or legal rights
- Financial losses caused by premature settlement
- Disgorgement of attorney fees
- Additional economic damages
Courts focus on what the client likely would have obtained absent the unauthorized settlement.
Time Limits for These Claims in Georgia
Claims based on settlement without consent are subject to strict statutes of limitation. In some cases, the limitations period may begin when the settlement occurred, even if the client did not immediately understand its consequences.
Prompt legal review is critical to preserving potential claims.
What to Do If Your Case Was Settled Without Your Consent
If you believe your attorney settled your case without authorization, consider taking the following steps:
- Preserve all emails, letters, and settlement documents
- Obtain copies of the settlement agreement and disbursement records
- Document when and how you learned of the settlement
- Avoid signing releases or ratification documents without advice
- Seek a professional legal evaluation promptly
Early action can significantly affect available remedies.
Frequently Asked Questions
Can my lawyer settle my case if they think it’s in my best interest?
No. Settlement decisions belong exclusively to the client.
What if I felt pressured to agree after the fact?
Pressure after an unauthorized settlement may still support a claim.
Do I need proof in writing that I did not consent?
Written evidence is helpful but not always required.
Why Choose The C. Paul Law Firm P.C.
- Experience evaluating unauthorized settlement claims
- Knowledge of Georgia malpractice and fiduciary standards
- Careful review of settlement communications and records
- Clear, professional communication
- Commitment to ethical, client-focused representation
We handle settlement-related malpractice matters with discretion, diligence, and precision.
Speak With a Settlement Without Consent Lawyer in Georgia
If your attorney settled your case without your consent in Georgia, The C. Paul Law Firm P.C. is ready to help you understand your legal options.
Contact our office today to schedule a confidential consultation.
The C. Paul Law Firm P.C.
1870 The Exchange, Suite 200, #1387
Atlanta, GA 30339
Phone: (212) 551-PAUL
Website: www.cpaullawfirm.com
Reach out today to speak with a member of our team and take the next step toward accountability and resolution.