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Can I fire a lawyer if I agreed on the phone to take a settlement that was less than I think, but I never signed off on it?

Asked by user in Mississippi.

The lawyer is still asking me to settle even though I'm still under the doctor's care.

Answered by Enjuris Editors:

A client can generally fire an attorney for any reason. The exceptions are rare and generally include situations when a trial is pending.

Your attorney can legally recommend that you accept a settlement. However, your attorney can't force you to accept a settlement. Specifically, Rule 1.2 of the Mississippi Rules of Professional Conduct states that a lawyer shall abide by a clients decision whether to accept an offer of settlement and must consult with the client before accepting or rejecting a settlement offer.

In your case, it sounds like the settlement offer has not yet been signed. Consequently, you are within your rights to refuse to sign the settlement and to terminate your relationship with your attorney.

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