#29
During RepresentationHigh Risk
The lawyer makes major decisions without your consent
Unauthorized Actions
Why It's Dangerous
A lawyer's authority has boundaries. Major decisions like settling, withdrawing a case, or waiving claims require the client's consent. If a lawyer makes these decisions without authorization, it's unauthorized practice, and you can hold them accountable.
Real Case
Without the client's knowledge, a lawyer reached a settlement with the opposing side and waived the client's claim for liquidated damages. The client only found out after receiving a court notice that their case had been settled and closed.
* This case has been anonymized. Details have been adjusted to protect privacy.
What To Do
1
Specify in the contract which matters require your written consent2
Require the lawyer to notify you before making any major decisions3
If the lawyer acts beyond their authority, preserve evidence and file a complaint with the bar association4
Periodically check the case status with the court directly — don't rely solely on the lawyer