Yes. In Georgia, your attorney of record can bind you to a settlement, and the other side is entitled to rely on what your lawyer agrees to.
The Rule
Uniform Superior Court Rule 4.12 provides that “[a]ttorneys of record have apparent authority to enter into agreements on behalf of their clients in civil actions.” The Georgia Supreme Court explained in Brumbelow v. Northern Propane Gas Co., 251 Ga. 674 (1983): the authority “may be considered plenary unless it is limited by the client and that limitation is communicated to opposing parties.”
“I Never Authorized That”
In Stookey v. Stookey, 274 Ga. 472 (2001), a wife testified that she never authorized a settlement and thought the telephone discussions were just more negotiating. Her own lawyer swore she had full authority, and nothing showed that any limit had been communicated to the husband. The Supreme Court held that a binding agreement existed. What matters is not what you told your lawyer, but what the other side knew.
A Bad Lawyer Is Not a Defense
In Mathes v. Mathes, 267 Ga. 845 (1997), a wife argued that her attorney was too close to opposing counsel to advise her properly. The Court held that “[a] deficient performance on the part of Wife’s attorney, in his capacity as her agent, would not, by itself, provide her a defense to enforcement of the settlement agreement.” As Brumbelow put it, the client’s remedy “is against the attorney who overstepped the bounds of his agency, not against the third party.”
The Practical Point
You are also bound by what your lawyer says in open court in your presence if you do not deny it. Sweat v. Sweat, 281 Ga. 543 (2007). So if you want to limit what your lawyer may agree to, put the limit in writing and make sure the other side knows about it. A separate post covers when such a settlement becomes final.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!