Houston, TX asked in Legal Malpractice for Texas

Q: Can a lawyer settle my case without my consent in Texas? Or Under what circumstances if it is legal?

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: No.

However, many attorneys (especially personal injury attorneys) include in their fee agreement a provision in which the client provides consent for the attorney to settle the case on the client’s behalf.

Most attorneys, including those with such provisions in their fee agreements, will discuss any proposed settlement with their client and will honor their client’s wishes concerning the settlement proposal.

In addition, if an insurance company is defending you and has hired an attorney to represent you, the insurance company often contractually has the power to settle a claim within its policy limits without your consent because, after all, it’s the company’s money, not yours.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.