Today at the courthouse a prosecutor told me about a frustrating experience he recently had with a defense attorney. The prosecutor and the attorney were discussing a potential plea agreement for a defendant. The prosecutor gave his plea recommendation to the attorney and the attorney flat out rejected it without first consulting his client.
I’ve frequently had similar experiences in civil lawsuits. I have made reasonable settlement offers to attorneys who turn the offers down on the spot without first speaking with their clients.
Such behavior can be a violation of the Massachusetts Rules of Professional Conduct which regulate lawyer-client relations.
According to Rule 1.4(a)(1),
A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client’s informed consent…is required…
The Rule’s comments make clear that
a lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance.
Such communication isn’t necessary if
The client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or reject the offer.
When hiring a lawyer, you should make it clear that you want all settlement offers or plea recommendations conveyed to you for consideration. Otherwise, you should tell your lawyer, in detail, what sort of offers will resolve your case and give him express permission to reject anything that does not meet your demands.