"From the nature of the attorney-client relationship itself, an attorney derives authority to
manage the conduct of litigation on behalf of a client, including the authority to make
certain procedural or tactical decisions.
But that authority is hardly unbounded.
Equally rooted in the law is the principle that, without a grant of authority from the client, an
attorney cannot compromise or settle a claim, and settlements negotiated by attorneys
without authority from their clients have not been binding"
(Hallock v State of New York, 64 NY2d 224, 230 [1984] [citations omitted]).
As the Appellate Division has noted, a "party who relies on the authority of an attorney to compromise an action in his client's absence deals with such an attorney at his own peril . . ."
(Slavin v Polyak, 99 AD2d 466, 467 [1984]).
In our view, tenant here adequately established that her former attorney did not have
authority to enter into the stipulation.
Yes, an attorney cannot compromise or settle a claim, and settlements negotiated by attorneys without authority from their clients have not been binding. If you have that problem, you can go to
California Orange County Lawyer. Because they believe in right of the client.
