The word Settlement on a wood block beside a judge's gavel, indicating a legal lawsuit has been settled in a decision with an agreement between the plantiff and defendant

When considering settlement of a case, it is vitally important that you ensure clear and unambiguous communications with your attorney.

A recent Arizona Supreme Court case, Robertson v. Alling, 715 Ariz. Adv. Rep. 23 (2015) has held that an attorney may bind a client to a settlement, even if the client does not consent to the settlement. In that case, an attorney inadvertently failed to read an email from the client refusing a settlement offer and accepted a proposed settlement from the other side. Despite the client’s attempts to unwind the settlement after-the-fact, the Supreme Court found the settlement enforceable despite the client’s lack of consent, due to the “apparent authority” attorneys are given.

It is therefore vital that when dealing with your attorney, you ensure that the lines of communication are open and clear so that you are not bound to a settlement without your consent.

Michael Kitchen

mlkitchen@mclawfirm.com