Can your attorney settle a civil suit without your consent?

[mtpockets]

What is the name of your state? CA

I was informed of a settlement conference via voicemail late in the afternoon of the previous day. I was able to attend, but am wondering if the failure to give me advance notice was merely an oversight.

The retainer agreement states that I have to agree to any settlement. Would my attorney have had the authority to agree to a settlement without my consent if I had been unable to attend the settlement conference on such short notice (or failed to retrieve the voicemail on time)?

Thanks.

 

[weenor]

Under the rules of ethics, an attorney must have your consent to settle any case. If you could not have attended the conference, your attorney would have contacted you prior to agreeing to a specific settlement amount. Often clients give a certain settlement authority- the amount they are willing to take- and the lawyer negotiates from there to try and get as much above that authority as he/she can. The attorney communicates with the client and makes recommendations. Ultimately it is the client's decision about whether to accept a certain amount.