Chicago, IL asked in Legal Malpractice and Personal Injury for Florida

Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: It could be a basis for malpractice.

A malpractice also requires harmed cause from the malpractice.

Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case about that, and if he/she won't cooperate, see if another lawyer can represent you on that issue. If the settlement cannot be canceled, you might (or might not) have a potential viable legal malpractice claim, depending on various factors. One of those factors is what kind of proof you have that the case would have turned out more favorably for you had the attorney not taken that action. It usually takes expert testimony to make that kind of proof. In any professional malpractice claim, you must prove (A) that the professional's acts or omissions fell below the applicable standard of care for that profession, and (B) that those acts or omissions caused particular, quantifiable damages.

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