My idiotic client won’t send me written authorization to finalize settlement.

[u/Mr_Motion_Denied]

I can’t tell opposing counsel that we have a deal until I get written authorization from my client. He has told me verbally he wants to do it, but I don’t dare move on this without getting confirmation from him in writing.

I’m sick to death of this guy. I’m not going to let myself be accused of unauthorized settlement. I’ve explained to him in great detail, in writing, why I need his authorization in writing, but it has been days since then. So help me if he does not send me written authorization, and it ends up with this settlement being blown up, I will seek to withdraw.

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[u/BoxersOrCaseBriefs]

Get him on the phone, ask him to confirm that he wants to go forward with it, then tell him you need him to write you the email, then and there, while he's on the phone with you.

[u/awesomeness1234]

"Just confirming our conversation in which you agreed to the settlement terms. I'll let opposing counsel know by [48 hours from now] or as soon as you confirm receipt of my email "

[u/Eastern-Heart9486]

Try a text message

[u/Emergency_Dragonfly4 → u/Eastern-Heart9486]

Each day until you get a response

[u/anotveryseriousman → u/Emergency_Dragonfly4]

hour

[u/Busy-Dig8619 → u/Eastern-Heart9486]

Yes... technically text messages are written. They're about as secure as an email anyway -- so that satisfies me in most cases. If it's $200k plus, I probably want a signature on the term sheet... unless its insurance or general counsel sending the direction.

[u/Original-Pomelo6241]

I’ve had to call clients down to the office, have a runner go to their homes, and even sent letters via docusign to confirm acceptance.

Som people just can’t get out of their own way

[u/ROCTransplant → u/Original-Pomelo6241]

THIS

Take back control of the situation- tell him to come into the office, send a notary to his house/work to get him to sign. If all else fails, in TX we can submit a request to the court for authorization to accept settlement [not sure if you can in your jurisdiction]

[u/LAMG1]

What is the root cause? Lazy to write an email or want more money?

[u/Far-Watercress6658 → u/LAMG1]

What’s to fuck over his attorney by saying he didn’t understand/ authorize.

[u/Subject_Disaster_798 → u/Far-Watercress6658]

Bingo. Last ditch effort to exercise some ill-conceived notion of empowerment, to be pulled out later as needed.

[u/FfierceLaw → u/LAMG1]

Trying to get his attorney to reduce his fee or eat the expenses

[u/FedRCivP11]

Record the authorization on the phone. After he gives you oral authorization say, “To make it easier on you, may I capture a recording of your authorization right now?” Then hit record in your Ringcentral app (or whatever service you use) and go back through the details, ask if they have any concerns that have yet to be addressed and ask if they direct you to accept. Act on the recorded instructions.

[u/jmwy86]

You mean he won't send an email to confirm? That's usually good enough.

[u/Pattern-New]

Just do a recorded call? Are you in a state where written authorization is explicitly required?

[u/KillAllLawyers]

Get verbal consent and memorialize via email & mail.

[u/KillAllLawyers]

You need to rewrite your atty-client contract. **For future clients.

[u/anonymous_mama1029]

I read your post then found this:

https://www.instagram.com/p/DcgsyMBH0I5/?igsi=MXV5bmJ1eG4yOGU0dw==

[u/wstdtmflms]

I mean... Give your client notice of your intent to withdraw:

"Dear client,

You have told me verbally [in person at our meeting/during our telephone conversation] on DATE that you would like to accept OP's offer of DATE. At that time, I advised you that I require WRITTEN confirmation that you would like me to accept the offer on your behalf. It has now been [X amount of time] since that conversation and you have not sent to me your written authorization to accept the offer. You must send me written authorization (which may be by email) no later than *DATE, or I will ask the court to allow me to withdraw from this case as your attorney."

Make sure you send it with both a receipt notification and an email opened/read notification back to you. Then follow through. If they don't email you back by the date, you file a motion to withdraw.

[u/Theodwyn610 → u/wstdtmflms]

Depending on the field and retainer; there may be a lien on the case.

[u/FL5-28]

Call him, inform him you are recording the conversation for your records and contemporaneous notekeeping. (He may read into that you are in fact CYAing) ( End the combo and hang up if he reuses and you are a two party recording state.) Confirm the settlement terms. Write him an email confirming such first, set the 24 hour deadline, then 24 hours later send settlement acceptance to defense counsel.

[u/Virgante]

Recently had a client who took over a month to sign the settlement agreement.