Can My Lawyer Settle My Case Without My Consent in New York City?
Your lawyer cannot Settle Without Your Approval.
If you’ve been injured in New York City and are wondering whether your lawyer can settle your personal injury case without your permission, the answer is clear: No – they cannot.
Under the New York Rules of Professional Conduct, only you, the client, have the legal authority to decide whether to accept or reject a settlement offer.
- Rule 1.2(a): Your lawyer must abide by your decision to settle.
- Rule 1.4: Your lawyer must promptly inform you of all settlement offers and explain them clearly.
You control the decision – not your lawyer.
How Settlement Negotiations Work in NYC
Most settlements begin when your lawyer sends a demand letter to the insurance company, outlining your injuries, damages, and compensation sought. The insurer typically responds with a counteroffer.
From there, your lawyer will:
- Explain each offer’s value and implications.
- Advise whether it’s fair or needs negotiation; and
- Proceed only with your approval.
If both sides agree, the attorney will draft or review the settlement agreement. If no agreement is reached, your lawyer will prepare your case for trial.
Reviewing and Signing the Settlement Agreement
Before you sign anything, your New York City lawyer must review and explain:
- The total compensation amount
- Attorney’s fees, expenses, and court costs
- Medical liens and insurance reimbursements
- The release of liability and any confidentiality clauses
- Payment timelines and disbursement details
A settlement only becomes binding after you personally sign the agreement. Once signed and funded, the deal is final and cannot be reversed unless fraud or misconduct is proven to have occurred.
What Happens After You Approve the Settlement
After you approve the settlement, the following steps occur:
- The insurer issues a Release of All Claims form.
- You review and sign it with your lawyer.
- The insurer issues the settlement check, deposited into your lawyer’s IOLA trust account.
- Your attorney pays liens, expenses, and fees.
- You receive your net recovery, with a written closing statement detailing all deductions.
Once funds are disbursed, the case is legally concluded.
If You Disagree with a Settlement Offer
If you believe an offer is too low or feel pressured to settle, you have the right to say no.
You can:
- Discuss your concerns openly with your attorney;
- Request further negotiation;
- Seek a second opinion from another lawyer; or
- Hire new counsel if trust has broken down.
Your Rights as a New York Client
You have the right to:
- Approve or reject all settlement offers;
- Be informed of all negotiations and developments;
- Review and sign any settlement documents;
- Receive a full accounting of fees and liens; and
- Fire your lawyer at any time if communication or trust breaks down.
You also have responsibilities – to communicate honestly, provide accurate information, and review offers carefully.
Firing a Lawyer Who Pressures You to Settle
If your attorney pressures you into an unwanted settlement, you can discharge them immediately.
Your new lawyer will file a Consent to Change Attorney (CPLR 321[b]), and your former lawyer may claim a charging lien under Judiciary Law §475, but cannot stop your case from moving forward.
Trust, Communication, and Client Control at Greenstein & Pittari, LLP
At Greenstein & Pittari, LLP, we prioritize client communication, transparency, and trust. We guarantee that:
- Every offer is fully explained.
- No settlement is accepted without your express consent; and
- You are informed and empowered throughout the process.
Our experienced attorneys have secured millions in compensation for injury victims across New York City and Long Island, including the Bronx, Brooklyn, Queens, Staten Island, Manhattan, Yonkers, and Nassau County.
Speak With a New York City Personal Injury Lawyer Today
If you believe your lawyer settled your case without consent – or if you need help navigating your personal injury claim – contact Greenstein & Pittari, LLP today.
Call 1-800-VICTIM2 (1-800-842-8462) or complete our online consultation form for a free and confidential case review.
We offer:
- No Fee Unless We Win – Our Fee Guarantee
- Bilingual legal services (Se Habla Español)
- Seven convenient NYC and Long Island office locations
Don’t be a victim twice. Let Greenstein & Pittari protect your rights, your voice, and your recovery.