Attorneys May Not Prohibit Client From Settling Without Their Consent.

A client has the right to abandon a suit without the lawyer’s consent. Therefore public policy voids a provision in a contingency fee contract that prohibits the client from settling the case without the consent of the lawyer. In Lemmer v. Charney (Cal. App. Second Dist., Div. 8; May 5, 2011)  195 Cal.App.4th 99, [125 Cal.Rptr.3d 502, 2011 DJDAR 6494], the client agreed to a “walk away” settlement. The lawyer sued for fees under a contingent fee contract, alleging that the client defrauded him. The trial court sustained defendant’s demurrer and the Court of Appeal affirmed.