A personal injury case can feel like a high-stakes poker game. You’re at the table, deciding whether to fold or go all in. Your lawyer, like an experienced player, is offering advice on the odds and the best move.
But what if your lawyer’s suggestions start to feel more like demands?
Remember, your lawyer’s job is to provide legal advice and guide you through the process—not to decide whether you settle or go to trial. If you feel pressured into settling, it’s important to understand your rights and know how to take back control of the game.
Setting vs. proceeding to trial
According to a United States Department of Justice study, approximately 97 percent of civil cases are settled out of court. But that doesn’t mean settlement is best for your case. Here are some pros and cons to consider:
| Pros of settling | Pros of trial |
|---|---|
|
Certainty: A settlement provides a guaranteed outcome. Lower costs: Settling avoids many of the expenses associated with a trial. Less stress: A settlement can spare you the emotional toll of a lengthy trial process. Confidentiality: Settlements often include confidential agreements, which can protect your privacy. |
Potential for higher compensation: A jury may award higher damages than those offered in a settlement. Sense of justice: Going to trial can provide a sense of vindication if you believe the defendant was at fault. |
| Cons of settling | Cons of trial |
|
Potential lower compensation: Settling may result in a lower payout than what might be awarded in court. No appeal: Once a settlement is reached, it’s typically final, meaning you cannot appeal if you’re unhappy with the amount. |
Higher costs: Trials are typically expensive and time-consuming. Uncertainty: There is no guarantee of winning or receiving the desired amount. Public record: Court proceedings are usually public. |
Learn more about whether an out-of-court settlement or a trial is best for your personal injury case.
Can my lawyer force me to settle?
Your lawyer cannot legally force you to settle your case. In fact, ABA Model Rule 1.2(a) specifically states:
“A lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter.”
This rule makes it explicit that the lawyer must respect the client’s decision on whether to settle a case. Your attorney can and should provide recommendations based on their experience and the specific facts surrounding your case. However, the decision to settle or proceed to trial is ultimately yours.
![[Infographic] Know Your Rights as a Client](https://www.enjuris.com/wp-content/uploads/2024/09/infographic-know-your-rights-as-client.gif)
What can I do if my lawyer is pressuring me to settle?
If you feel that your lawyer is pushing you to settle when you don’t want to, there are several steps you can take to address the situation and ensure your rights are respected:
- Communicate your concerns: Start by having an open and honest conversation with your lawyer. What seems like pressure might just be a misunderstanding or a communication gap. Clearly state your concerns and your preference to go to trial. This discussion can also help you understand your lawyer’s reasons for recommending a settlement.
- Consider switching lawyers: If, after a frank conversation, you still feel your lawyer isn’t acting in your best interest or respecting your wishes, you may choose to hire a new attorney. Remember, you always have the right to fire your lawyer, but this decision should not be made lightly. Changing lawyers can have financial and procedural consequences, such as extra legal fees or potential delays in your case.
- File a complaint or seek state bar assistance: If you believe your lawyer is acting unethically, such as by pressuring you into a settlement against your will, you can file a complaint with your state’s bar association. The bar association oversees attorney conduct and can investigate potential ethical violations. Some state bars also offer mediation services to help resolve disputes between attorneys and clients. These services are designed to address issues like communication breakdowns, disagreements over case strategy, or concerns about the attorney’s conduct without necessarily escalating to a formal complaint.
Lawyer Termination Letter Template
Template for a lawyer termination letter to help you formally cut ties with your attorney.
Download in PDF format
Can a client give their lawyer the authority to settle a claim?
Whether a client can give their lawyer the authority to settle a claim depends on the specific circumstances and the laws of the state. Generally, a client can authorize their lawyer to settle, but this authorization must be clear, specific, and revocable at any time. The case of Amjadi v. Brown illustrates these principles well.
In Amjadi v. Brown, a California appellate court examined whether a lawyer could settle a claim over the client’s objection when the retainer agreement seemed to give the lawyer such authority. The plaintiff had signed a fee agreement that allowed her new lawyers to accept any settlement offer “at [the lawyer’s] sole discretion” if they believed it was reasonable and in the client’s best interest. However, when the lawyers attempted to settle the case for $150,000—an amount the client had already rejected—the client objected and sought to have her lawyers removed from the case. Despite her objections, the lawyers proceeded to settle, and the trial court initially accepted this settlement.
On appeal, the court ruled against the lawyers, emphasizing that even if a client grants settlement authority to a lawyer, that authority can be revoked at any time. The court relied on Rule 1.2(a) of the California Rules of Professional Conduct, which requires a lawyer to “abide by a client’s decision to settle a matter.” The court found that the clause in the retainer agreement giving the lawyer “sole discretion” was too broad and violated ethical rules, rendering it void.
In a personal injury case, your lawyer’s role is to provide guidance and expertise, but the final decision to settle or go to trial is always yours. Understanding your rights, knowing how to communicate with your attorney, and taking steps if you feel pressured to settle are essential in maintaining control over your case.