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Article
Enforcement of Settlement Contracts: The Problem of the Attorney Agent
Georgetown Journal of Legal Ethics
(1999)
Abstract
The issue of the enforceability of settlement agreements entered into by an attorney on behalf of a client is the subject of much confusing judicial comment. this article urges a return to traditional agency concepts. While not widely accepted in the United States, the position that retention of an attorney creates authority should be viewed as a logical and viable position not inconsistent with other rules of law or ethics.
Keywords
- settlement contracts,
- agency,
- fiduciary duty,
- attorney-client relationship,
- rule 1.2,
- authority to settle,
- authority
Disciplines
Publication Date
May, 1999
Citation Information
Grace M. Giesel. "Enforcement of Settlement Contracts: The Problem of the Attorney Agent" Georgetown Journal of Legal Ethics Vol. 12 Iss. 3 (1999) Available at: http://works.bepress.com/grace_giesel/11/