Clients have the right to make key decisions about their legal matters. Attorneys are obligated to follow lawful client instructions and to act in accordance with the client’s stated objectives. When a lawyer disregards or ignores a client’s instructions and that conduct causes harm, Georgia law may allow the client to pursue a claim for attorney negligence or legal malpractice.
Failure to follow client instructions can result in lost claims, unwanted settlements, unnecessary litigation, or other serious consequences. If you believe your attorney failed to follow your instructions in a legal matter in Georgia, The C. Paul Law Firm P.C. can help you evaluate your rights and legal options.
What Does Failure to Follow Client Instructions Mean Under Georgia Law?
Under Georgia law, attorneys must abide by a client’s decisions concerning the objectives of representation and must consult with the client regarding the means used to pursue those objectives. While lawyers retain discretion over certain tactical matters, they may not override a client’s lawful instructions on fundamental issues.
A failure to follow client instructions occurs when an attorney disregards, contradicts, or acts inconsistently with the client’s expressed directions, and that conduct results in harm.
Common Examples of Failure to Follow Client Instructions
Claims based on failure to follow client instructions may arise from conduct such as:
- Settling a case without client approval
- Refusing to pursue or dismiss claims against the client’s direction
- Filing motions or pleadings contrary to client instructions
- Ignoring instructions regarding settlement limits
- Continuing litigation after being instructed to stop
- Failing to file an appeal after being directed to do so
- Withdrawing claims or defenses without consent
- Failing to communicate or implement agreed-upon strategy
Each case depends on the clarity of the instructions and the resulting harm.
Client Decisions vs. Attorney Discretion
Courts distinguish between decisions reserved for the client and matters left to attorney judgment.
Client Authority vs. Attorney Authority
| Issue | Who Decides |
| Whether to settle a case | Client |
| Whether to accept or reject an offer | Client |
| Objectives of representation | Client |
| Legal tactics and scheduling | Attorney |
| Procedural strategy | Attorney (with consultation) |
| Compliance with lawful instructions | Attorney obligation |
Attorneys may not disregard client instructions simply because they disagree with them.
What Must Be Proven in a Georgia Failure-to-Follow-Instructions Case
To pursue a claim based on failure to follow client instructions, a client generally must establish:
- An attorney-client relationship existed
- The client gave clear, lawful instructions
- The attorney failed to follow those instructions
- The failure breached the standard of care
- The breach caused harm and damages
Georgia courts closely analyze communication, documentation, and causation in these cases.
Failure to Follow Instructions vs. Strategic Judgment
Not every disagreement constitutes malpractice. Courts distinguish between:
- Negligence: Ignoring clear client directives on fundamental decisions
- Strategy: Tactical decisions made within the scope of attorney discretion
An attorney may not characterize disregard of client authority as “strategy.”
Damages in Failure to Follow Client Instructions Claims
Depending on the circumstances, recoverable damages may include:
- Lost settlements or judgments
- Unnecessary litigation costs
- Financial losses from unwanted outcomes
- Loss of legal rights or remedies
- Other provable economic damages
Courts focus on whether the outcome would have been different had instructions been followed.
Time Limits for These Claims in Georgia
Claims based on failure to follow client instructions are subject to strict statutes of limitation. In some cases, the limitations period may begin before the client fully understands the consequences of the attorney’s actions.
Prompt legal evaluation is essential to preserve potential claims.
What to Do If Your Lawyer Ignored Your Instructions
If you believe your attorney failed to follow your instructions, consider the following steps:
- Preserve emails, letters, and text messages showing your instructions
- Document decisions made without your approval
- Obtain copies of pleadings and settlement documents
- Avoid signing releases or waivers without legal guidance
- Seek a professional legal evaluation promptly
Early action can significantly affect your ability to pursue a claim.
Frequently Asked Questions
Can my lawyer ignore my instructions if they disagree?
No. Attorneys must follow lawful client instructions on fundamental decisions.
Do instructions need to be in writing?
Written instructions are helpful but not always required.
What if my lawyer claims it was a strategic decision?
Strategy does not excuse overriding client authority on key matters.
Why Choose The C. Paul Law Firm P.C.
- Experience evaluating client-authority and malpractice claims
- Knowledge of Georgia professional responsibility standards
- Careful review of communications and decision-making
- Clear, professional communication
- Commitment to ethical, client-focused representation
We handle these matters with discretion, diligence, and precision.
Speak With a Failure to Follow Client Instructions Lawyer in Georgia
If your attorney ignored or disregarded your lawful instructions in a legal matter 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.