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Grace M. Giesel

Attorney-client relationship

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Enforcement Of Settlement Contracts: The Problem Of The Attorney Agent, Grace M. Giesel Apr 1999

Enforcement Of Settlement Contracts: The Problem Of The Attorney Agent, Grace M. Giesel

Grace M. Giesel

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.