A settlement ends a legal dispute when both sides accept its terms. An unauthorized settlement occurs when your lawyer accepts an offer without your knowledge or consent. If this happens, you may feel that you lost control of your case and gave up rights you meant to protect.
In Colorado, you decide whether to accept or reject a settlement offer. Your lawyer may explain the terms, recommend a response and negotiate with the other side, but you make the final choice. An attorney who settles without your authority could breach professional duties.
Your decision controls the settlement
Colorado’s rules of professional conduct require your lawyer to follow your decision about settlement. Your lawyer must also give you enough information to understand the risks and terms.
You might approve a specific amount, permit talks within a set range or require consent for each offer. Your words and written instructions help define that authority. Although your attorney controls many strategic choices, those choices do not include the right to settle against your wishes.
Records may show whether you gave consent
Written records often provide the clearest account of the settlement talks. An offer letter could show the payment terms and deadline. Emails or text messages may reveal whether you accepted the offer, rejected it or asked for different terms.
A signed agreement might suggest that you approved the settlement, but the surrounding facts still matter. Consider gathering your messages, letters, call notes and case papers. You could also prepare a dated timeline that links each offer to your response. Make sure to keep the records in the form you received them.
Prepare to protect your legal options
It is best to secure the settlement offer, written communications and any signed papers tied to the agreement. Review these records to see what terms your lawyer accepted and whether you gave approval. This information could help you understand what happened and decide whether you can take further legal action.