When a lawyer disregards your instructions in Pennsylvania, the consequences may include an ethical complaint, a dispute over an unauthorized decision, or a legal malpractice claim if the conduct caused a legally recoverable loss. Rule 1.2 of the Pennsylvania Rules of Professional Conduct gives clients authority over the objectives of representation and settlement decisions. Lawyers generally manage professional strategy while consulting with clients. If your attorney acted without proper authority, preserve your communications, request an explanation, and seek an independent review promptly. Gibson & Perkins, PC serves clients in Media, Pennsylvania, Delaware County, and nearby areas.
Does a Lawyer Have to Follow Client Instructions?
A lawyer must follow lawful client decisions about the objectives of the representation and must abide by the client’s decision whether to settle a matter. Under Pennsylvania Rule 1.2, an attorney must also consult with the client about the means used to pursue those objectives. Some actions may be impliedly authorized as part of the representation.
You generally decide whether to accept a settlement, whether to continue a legal relationship, and what lawful outcome you wish to pursue. Your lawyer may recommend a different approach or choose routine tactics within the scope of the engagement, but your lawyer must keep you reasonably informed under Rule 1.4.
- Client decisions: whether to accept or reject a settlement, the lawful objectives of representation, and whether to discharge an attorney.
- Attorney decisions: many procedural and strategic choices, subject to the engagement agreement, professional duties, consultation, and client authority.
- Legal limits: a lawyer cannot carry out an unlawful instruction or violate professional responsibilities at a client’s request.
Key takeaway: Your lawyer may recommend a strategy, but the settlement decision belongs to you.
Pennsylvania Rule 1.2: Pennsylvania Rule 1.2
What Are Examples of a Lawyer Ignoring Client Instructions?
Accepting a Settlement Without Permission
Suppose you reject a settlement offer in a personal injury case, but your attorney accepts it without appropriate authorization. That conduct may breach the attorney’s duties. Whether a court will enforce or set aside the settlement depends on the facts, the attorney’s actual or apparent authority, and applicable law. Financial recovery also requires proof of a legally recognized loss.
Approving Unauthorized Business Terms
A Delaware County business owner might instruct counsel not to approve a purchase agreement containing a personal guarantee. If the attorney agrees to those terms without authority, the owner may face a dispute involving the agreement, the lawyer’s authority, and possible damages. An attorney’s unauthorized action does not automatically establish that a contract binds the client.
Missing an Agreed Filing Deadline
An attorney who agrees to pursue a claim and then misses a controlling deadline may put the claim at risk. The question is not only whether a filing was late. A malpractice claimant generally must also show that the attorney’s breach caused a recoverable loss, which may require showing that the underlying claim had merit.
Which Pennsylvania Rules Govern Attorney Responsibilities?
- Rule 1.1, Competence: A lawyer must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
- Rule 1.2, Scope of Representation: A lawyer must respect client decisions on objectives and settlements.
- Rule 1.3, Diligence: A lawyer must act with reasonable diligence and promptness.
- Rule 1.4, Communication: A lawyer must consult and communicate sufficiently for informed client decisions.
- Rule 1.16, Terminating Representation: A lawyer must take steps reasonably practicable to protect client interests when the representation ends, subject to court requirements.
These rules define professional obligations. A violation of a disciplinary rule does not, by itself, prove civil malpractice or establish a private right to damages.
Pennsylvania Rules of Professional Conduct: Pennsylvania Rules of Professional Conduct
Can You Sue a Lawyer for Not Following Instructions?
You may have a legal malpractice claim when a lawyer owes you a duty, breaches the applicable duty, and causes a legally recoverable loss. Pennsylvania legal malpractice claims may involve negligence or contractual theories, depending on the facts and the attorney-client agreement.
- Duty: The lawyer owed you a legally recognized obligation.
- Breach: The lawyer failed to satisfy the applicable professional or contractual duty.
- Causation: The failure caused the loss rather than merely coinciding with an unfavorable result.
- Damages: You sustained a loss recognized under the applicable law.
When an underlying lawsuit was mishandled, you may need to prove that the original claim would have produced a more favorable result without the attorney’s error. This is often called a case within a case. A disagreement over tactics alone does not establish malpractice.
What Happens When a Lawyer Violates Professional Conduct Rules?
Pennsylvania’s attorney disciplinary process may investigate and address misconduct. Depending on the findings and circumstances, sanctions can include reprimand, suspension, or disbarment, as well as other authorized forms of discipline. A disciplinary proceeding addresses a lawyer’s professional conduct, not a client’s claim for compensation.
You can submit a disciplinary complaint, pursue a civil claim when legally supported, or consider both routes. A disciplinary complaint ordinarily does not compensate you for financial loss and does not pause the deadline for a separate malpractice claim.
What Should You Do If Your Lawyer Ignores Your Instructions?
- Preserve the record. Save emails, messages, settlement proposals, draft documents, and written instructions.
- Request a written explanation. Ask which action the lawyer took, why it was taken, and whether corrective steps remain available.
- Read the engagement agreement. Confirm the scope of representation, any limits on authority, and the lawyer’s accepted responsibilities.
- Request your client file. Ask for the documents and information to which you are entitled, especially when counsel is changing.
- Track active deadlines. Identify hearings, filing dates, and transaction deadlines that may require immediate protection.
- Seek independent counsel. Another Pennsylvania attorney can assess professional duties, possible remedies, and applicable filing deadlines.
When you are considering replacing your lawyer, coordinate the transition to avoid jeopardizing an active court matter. The court may need to authorize withdrawal or substitution of counsel.
How Long Do You Have to File a Legal Malpractice Claim in Pennsylvania?
Pennsylvania negligence-based legal malpractice claims generally have a two-year limitations period under 42 Pa.C.S. § 5524(7). A genuinely contractual malpractice claim may be governed by a four-year period under 42 Pa.C.S. § 5525. Courts consider the substance of the claim, not merely the label used in a complaint.
The deadline often begins when the alleged breach occurs. The discovery rule or fraudulent concealment doctrine may affect the calculation in appropriate circumstances. In Clark v. Stover (2020), the Pennsylvania Supreme Court declined to adopt a general rule that suspends the deadline throughout continued representation by the same lawyer.
Because the filing deadline may run before the full financial consequences become clear, obtain an independent assessment as soon as you identify the disputed conduct.
Clark v. Stover, Pennsylvania Supreme Court decision: Pennsylvania Supreme Court decision in Clark v. Stover
Time-sensitive point: Continued representation by the lawyer does not automatically stop Pennsylvania’s malpractice filing clock.
What Damages Might Be Available in a Legal Malpractice Case?
Recoverable damages depend on the legal theory and the evidence. They may include proven financial losses caused by the attorney’s breach, the value of a lost claim, or certain additional expenses attributable to the error. Speculative losses and amounts unrelated to the attorney’s conduct may not be recoverable.
An independent review can identify what the underlying matter was worth, which costs resulted from the alleged error, and what evidence supports causation. The availability and measure of damages differ among negligence, contract, and other potential claims.
Can You Fire a Lawyer Who Refuses to Follow Your Instructions?
You generally may discharge your attorney. Under Pennsylvania Rule 1.16, a lawyer must withdraw when discharged, subject to applicable court rules and orders. Changing counsel does not necessarily eliminate fees owed under a valid agreement. If a case remains active, plan for file transfer, substitution requirements, and upcoming deadlines.
You can ask new counsel to review the existing agreement and explain the practical effects of ending representation.
Frequently Asked Questions
Can a Lawyer Settle My Case Without My Permission?
A lawyer must abide by the client’s settlement decision under Pennsylvania Rule 1.2. If a settlement was made without proper authorization, the available challenges and remedies depend on the facts and applicable law.
Is Ignoring Client Instructions Always Legal Malpractice?
No. Civil malpractice generally requires proof of a legally recognized duty, breach, causation, and damages. An ethical concern alone is not sufficient.
Can I Report a Lawyer to Pennsylvania Disciplinary Authorities?
Yes. You may submit a complaint through Pennsylvania’s attorney disciplinary system. That process is separate from a civil lawsuit seeking compensation.
Do I Need Another Lawyer to Evaluate a Potential Claim?
You may begin collecting information independently, but legal malpractice cases can involve expert analysis, underlying-case proof, and strict time limits. Independent legal advice can help you evaluate those issues.
Can a Lawyer Refuse an Unlawful Instruction?
Yes. A client cannot require an attorney to break the law or violate professional duties. The lawyer should explain the limitation and address the representation consistently with applicable rules.
Speak With a Media, Pennsylvania, Legal Malpractice Attorney
If a lawyer acted against your instructions and you suffered financial harm, Gibson & Perkins, PC can discuss the circumstances and the legal options that may be available. The firm serves clients in Media, Pennsylvania, Delaware County, and nearby areas. Contact the firm through its website to arrange a consultation.
Firm website: Gibson & Perkins website
This article provides general information and does not constitute legal advice. Your rights and deadlines depend on the specific facts of your situation.
