Legal Question in Personal Injury in California

Re: Case Dismissal Procedure

Were you the client, or was just your husband? If so, the attorney needed your authorization. If not, he didn't need to consult you.

Re: Case Dismissal Procedure

Were you a party to the case? If you were, and if the same lawyer represented both of you, then the lawyer cannot settle the case without your consent. If only your husband was a party then you are not entitled to a say in the settlement process, and it would be improper for the lawyer to take your wishes into account at all unless your husband told him to.

Re: Case Dismissal Procedure

It is my procedure to never dismiss a case until all of the releases have been signed by my clients, and the settlement has been paid. I file a notice of settlement with the Court, and ask that the Court retain jurisdiction until the settlement is finalized. This prevents the exact scenario you have described.

If you are a party in the action, your attorney cannot settle the case without your permission. You failed to state whether you, or you and your husband are parties to the case.

If you are a party and you do not agree to the settlement, I would ask your attorney to do what is called a CCP ss473(b) motion to set aside the dismissal. If he refuses, go to the State Bar and file a complaint.

There is a chance you will be held to the settlement unless your attorney acts fast to set aside the dismissal.

I would never settle a case without my client's approval.