Court Reviews Whether Attorney Had Client's Authority to Settle For a Particular Amount

In the case of Hwang v. Camagna, No. 2023-01338-PL (C.P. Chester Co. Aug. 23, 2024 Binder, J.), the court denied a Defendant’s Motion to Enforce a Settlement and for Sanctions relative to an alleged settlement of a dental malpractice case for $1,500.00.

According to the Opinion, counsel for the Plaintiff believed he had authority to settle a dental malpractice claim based upon email communications.

After the Defendant filed a Motion to Enforce the Settlement, Plaintiff’s counsel submitted to the court, for in camera review, the purported letter from the client authorizing him to enter into a settlement.

After reviewing the correspondence, the court found that, while the document implied that the Plaintiff verbally authorized counsel for the Plaintiff to settle for some amount, the document reviewed by the court did not show any expressed authority to settle for a particular amount.

Accordingly, the court ruled that it could not find that the Plaintiff had expressly authorized counsel for the Plaintiff to settle the Plaintiff’s claims for $1,500.00. The court reiterated the general rule that attorneys cannot settle a case without the express authorization from a client.

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Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Aug. 14, 2025).

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