lmccullough@hawklawgroup.com | October 14, 2025 | Georgia Law
When you hire an attorney to represent you in a personal injury case, you place tremendous trust in that individual.
You rely on them to act in your best interests, communicate honestly, and handle your settlement funds with integrity.
Discovering that your lawyer may have lied about your settlement amount is devastating—both emotionally and financially. e
If you suspect attorney misconduct in Georgia, you have legal options.
Our personal injury attorneys understand the complexities of attorney-client relationships and can help you verify what happened, hold the responsible party accountable, and pursue the compensation you deserve.
If you believe your attorney mishandled your case or settlement, speak with our experienced Augusta personal injury lawyer today. Our team will review your file, identify misconduct, and help you take legal action to recover what you’re owed.
Signs Your Lawyer May Be Lying About Your Settlement
Recognizing the warning signs of settlement fraud early can protect your rights and financial recovery. Attorney dishonesty often follows predictable patterns that clients can identify with careful attention.
⚠️ Silence, vague updates, or refusal to share documents are not just bad service—they’re warning signs of potential ethical breaches that demand immediate independent review.
Lack of Communication or Delayed Updates
Your lawyer suddenly becomes difficult to reach after mentioning a settlement. Phone calls go unreturned for days or weeks, and emails receive vague responses. This communication breakdown often signals that something isn’t right with your case or settlement funds.
Legitimate settlement processing typically takes days or a few weeks at most. If your attorney becomes unresponsive for extended periods after announcing a settlement, this warrants immediate investigation.
Refusal to Provide a Settlement Statement or Breakdown
Every client has the right to receive a detailed accounting of their settlement. This statement should clearly show:
- Total settlement amount: The full sum paid by the defendant or insurance company
- Attorney fees and percentage: Exactly what your lawyer deducted and why
- Case expenses: Court filing fees, expert witness costs, medical record fees, investigation expenses
- Medical liens or outstanding bills: Any amounts paid to healthcare providers or insurance companies
- Net recovery: Your final payment after all deductions
If your attorney refuses to provide this breakdown or offers only vague explanations, this is a significant red flag.
Vague or Inflated Billing
Watch for these billing red flags:
- Charges for services were never discussed or authorized
- Time entries that seem excessive for routine tasks (e.g., 4 hours billed for a 10-minute phone call)
- Duplicate charges for the same work
- Fees for “administrative costs” that weren’t disclosed in your retainer agreement
- Bills that arrive months after the work was supposedly completed
Inconsistencies Between What You Were Told vs. What You Received
Perhaps the most obvious sign: your attorney told you the settlement was $100,000, but you received a check for $45,000. While attorney fees and costs reduce your net recovery, the math should always add up transparently.
Knowing the basic math helps you identify discrepancies. Here’s an example breakdown for an $80,000 settlement:
| Settlement Component | Amount Range |
| Total Settlement | $80,000 |
| Attorney Fees (33-40%) | -$26,400 to -$32,000 |
| Case Expenses | -$5,000 |
| Medical Liens | -$10,000 |
| Your Net Recovery | $32,600 to $38,600 |
Significant deviations from these calculations without a clear explanation require immediate investigation.
Steps to Take if You Suspect Settlement Fraud
Taking swift, methodical action protects your legal rights and preserves evidence. Don’t confront your attorney with accusations until you’ve gathered documentation and sought guidance from another attorney who can advise you on your options.
Request a Copy of the Client Settlement Statement
Under Georgia law and ethical rules, your attorney must provide a complete accounting of settlement funds. Send a written request via certified mail, return receipt requested, asking for:
- The gross settlement amount
- Itemized attorney fees
- Complete list of case expenses with supporting receipts
- Details of any liens or third-party payments
- Copies of settlement checks (front and back)
- The settlement agreement was signed by all parties
Keep copies of your request and any responses.
Review Your Retainer Agreement
Your original fee agreement outlines what your attorney can charge. Most Georgia personal injury cases operate under contingency fee agreements. Carefully review:
- The agreed-upon percentage (typically 33.33% before litigation, 40% if a lawsuit is filed)
- What expenses can be deducted
- Whether expenses come “off the top” or after the fee calculation
- Clauses about how settlement funds will be handled
If you don’t have a copy, request one immediately—you have that right.
Contact the Insurance Company to Confirm the Settlement Amount
This step requires caution to avoid violating confidentiality provisions in your settlement agreement. If you suspect fraud, you may need to verify the actual settlement amount.
Consider having another attorney make this inquiry on your behalf, as insurance companies are more likely to confirm amounts when contacted by another attorney investigating potential fraud.
Request a Full Accounting from the Lawyer
If your initial requests have been ignored or inadequately answered, send a formal demand for a complete accounting.
State clearly that you suspect mishandling of your settlement funds and that you’re prepared to file a State Bar complaint if your concerns aren’t addressed within 10 business days.
Families dealing with wrongful death or personal injury cases place deep trust in their attorneys. If that trust has been broken, our firm will help you uncover the truth and pursue justice for your loved one.
Reporting a Lawyer in Georgia
The State Bar of Georgia maintains strict ethical standards for attorneys practicing in the state. When lawyers violate these rules, clients can file formal complaints that trigger investigations.
⚖️ The State Bar of Georgia enforces strict fiduciary standards. Filing a complaint not only defends your rights but protects future clients from the same unethical behavior.
How to File a Complaint With the Georgia Bar
The State Bar of Georgia Office of General Counsel handles complaints about attorney misconduct. You can file online, by mail, or by phone:
- Visit https://www.gabar.org/public/file-a-complaint
- Complete the online grievance form or download a printable version
- Provide detailed information: dates, amounts, supporting documents
- Submit copies (not originals) of relevant evidence: retainer agreements, correspondence, billing statements, checks
The State Bar takes mishandling of client funds seriously—it’s one of the most serious ethical violations an attorney can commit.
Timeline and Process for State Bar Investigation
| Stage | Typical Timeline | What Happens |
| Initial Review | 2-4 weeks | Bar staff determines if complaint warrants investigation |
| Investigation | 2-6 months | Investigator gathers evidence, interviews parties |
| Review | 1-3 months | Committee reviews findings and makes recommendations |
| Resolution | Varies | Dismissal, private reprimand, public discipline, or disbarment |
A State Bar complaint can result in disciplinary action against your attorney, but it won’t directly recover your missing settlement funds. For financial recovery, you’ll need to pursue a legal malpractice lawsuit.
When to Consider a Legal Malpractice Lawsuit
While a State Bar complaint addresses ethical violations, a legal malpractice lawsuit seeks to recover the money you lost due to your attorney’s misconduct. These are separate but complementary processes.
What Constitutes Legal Malpractice in Georgia
Legal malpractice occurs when an attorney’s negligence or intentional misconduct causes harm to a client.
In settlement fraud cases, this might involve misappropriating funds, failing to disclose the actual settlement amount, forging signatures on settlement documents, commingling client money with personal accounts, or breaching fiduciary duty.
Georgia law recognizes that attorneys owe their clients the highest duty of care, and violations that result in financial harm can be grounds for a malpractice lawsuit.
Statute of Limitations for Legal Malpractice in Georgia
Time is critical. Under Georgia law (O.C.G.A. § 9-3-25), you have four years from the date of the negligent act to file a legal malpractice lawsuit.
Unlike some other states, Georgia does not apply a “discovery rule” for legal malpractice—the statute of limitations clock starts running when the wrongful act occurs, not when you discover it.
This means if your attorney misappropriated settlement funds or lied about the settlement amount in 2021, the four-year clock started in 2021, even if you didn’t discover the fraud until years later. Don’t assume you have unlimited time.
The moment you suspect your attorney has been dishonest about your settlement, consult with a legal malpractice attorney immediately to determine if your claim is still within the statute of limitations.
What You’ll Need to Prove
Winning a legal malpractice case requires proving four essential elements:
- Attorney-client relationship: You must demonstrate that you formally hired the attorney to represent you. Your retainer agreement and correspondence serve as evidence.
- Duty of care breach: You must show that your attorney violated their professional obligations. In settlement fraud cases, this might be lying about the settlement amount, misappropriating funds, or failing to provide required accountings.
- Causation: You must prove that your attorney’s breach directly caused your financial losses. If your lawyer kept $20,000 that rightfully belonged to you, causation is typically straightforward.
- Damages: You must document your actual financial losses. This includes the missing settlement funds, plus potentially other damages like emotional distress, lost investment opportunities, or costs associated with addressing the fraud.
What NOT to Do if You Suspect Fraud
Making certain mistakes can jeopardize your ability to recover compensation or hold your attorney accountable.
- Don’t threaten the lawyer directly: Work with another attorney who can handle communications professionally rather than confronting your attorney, which might prompt evidence destruction or asset transfers.
- Don’t sign any new documents without review: If your attorney suddenly asks you to sign additional papers, settlement releases, or satisfaction documents, have an independent attorney review everything first—these documents might waive your rights to pursue claims.
- Don’t wait—the statute clock is ticking: Georgia’s statute of limitations can bar your claims if you delay. Consult with our attorney immediately to preserve your rights.
- Don’t post about it on social media: Defense attorneys will use your posts against you, taken out of context or portrayed as unreliable. Keep details private until your case is resolved.
💡 Avoid emotional reactions—rash confrontations, social-media posts, or signing new documents can all destroy your leverage and your chance to recover losses.
Why Choose Our Georgia Personal Injury Attorneys
When your previous lawyer has betrayed your trust, you need an advocate who will fight relentlessly for justice.
- We have the trial experience other firms lack: With 71+ years of combined legal experience, we’ve secured some of Georgia and South Carolina’s highest personal injury verdicts and settlements. Insurance companies know we’re prepared to take cases to trial—and win.
- We understand attorney misconduct and legal malpractice situations: These claims require specialized knowledge of professional ethics rules, trust account regulations, and standards of care. Our team has the expertise to evaluate cases involving lawyers who violate these standards.
- We operate on contingency—you pay nothing unless we win: Our contingency fee structure means we front all costs and only get paid if we recover compensation for you.
- We’ll come to you: We offer home and hospital visits throughout the Central Savannah River Area (CSRA), serving clients in Augusta, Evans, Thomson, Waynesboro, Aiken, and surrounding communities.
Most Georgia injury cases are handled on a contingency fee basis—meaning you pay nothing upfront, and your lawyer only gets paid if you win. Learn how this system works and what to watch for in your agreement.
If you suspect your attorney mishandled your settlement or withheld information, you don’t have to face it alone.
Don’t let attorney dishonesty go unchallenged. Contact us online or call 706-914-2591 to schedule your free consultation. We’ll review your situation confidentially and explain your options for holding your lawyer accountable.
FAQs
Can a lawyer legally lie about a settlement?
No. Attorneys are bound by Georgia’s Rules of Professional Conduct, which prohibit dishonesty, fraud, deceit, and misrepresentation. Rule 8.4 specifically states that professional misconduct includes conduct involving dishonesty, fraud, deceit, or misrepresentation. Lying about a settlement amount violates ethical rules and potentially criminal laws regarding theft and fraud.
How can I prove my lawyer lied about my settlement in Georgia?
Proving settlement fraud requires documentation. Start by obtaining copies of your retainer agreement, all correspondence with your attorney, and any statements about the settlement. Request your complete client file, including the actual settlement agreement and canceled settlement checks. Contact the insurance company or defendant to verify the actual settlement amount. Bank records showing deposits to your attorney’s trust account can also provide evidence. Our attorney, who is experienced in these matters, will help subpoena records that your previous attorney refuses to provide.
What if my lawyer settled without my permission?
Attorneys cannot settle cases without client authorization. Under Georgia law and ethical rules, the client has ultimate authority to accept or reject settlement offers. If your lawyer settled without your knowledge or consent, this constitutes both legal malpractice and an ethical violation. You may be able to have the settlement set aside and pursue a malpractice claim. Document everything and consult with our attorney experienced in these matters immediately.
Can I sue my lawyer for lying to me?
Yes. If your attorney lied about your settlement amount and this dishonesty caused financial harm, you can file a legal malpractice lawsuit in Georgia. You must prove that an attorney-client relationship existed, your attorney breached their duty of care through dishonesty, this breach directly caused your damages, and you suffered actual financial losses. The statute of limitations is four years from the negligent act.
How long do I have to sue for legal malpractice in Georgia?
Georgia’s statute of limitations for legal malpractice is four years from when the negligent act occurred (O.C.G.A. § 9-3-25). Georgia does NOT apply a discovery rule—the four-year clock begins when the attorney commits the wrongful act, not when you discover it. If your attorney mishandled your settlement in 2021, you have until 2025 to file suit, regardless of when you discovered the fraud. Consult with our attorney experienced in legal malpractice matters immediately when you suspect misconduct.