Can an action be brought against an attorney who signed an agreement to settle his client's case without the consent of the attorney of record?
MultiRegion, United States of America
The following excerpt is from Gilbert v. United States, 479 F.2d 1267 (2nd Cir. 1973):
It is unnecessary for us to determine whether the case could also be put on the somewhat narrower ground, supported by the language of some cases, that while the general rule is that an attorney may not settle his client's case without express authority, he is presumed to have that authority, and a party seeking to show that his attorney of record did
[479 F.2d 1269]
not have the actual authority to compromise carries the burden of proof to vacate any judgment entered upon the attorney's agreement. United States v. Beebe, 180 U.S. 343, 352, 21 S.Ct. 371, 45 L.Ed. 563 (1901); Thomas v. Colorado Trust Deed Funds, Inc., supra, 366 F.2d at 139.[479 F.2d 1269]
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