Can a lawyer bind a client when they enter into an agreement?
Alberta, Canada
The following excerpt is from Lofthaug v. Canadian Immigration Specialists Ltd., 2011 ABQB 609 (CanLII):
On the other hand, the Plaintiffs argue that there is ample authority for the proposition that the lawyers, as agents for their clients, bind their clients when they enter into agreements on their behalf, citing Braddell v. Aslin, 1999 ABQB 778, at para. 6: Other than in very unusual situations, such as fraud, an agent binds a principal. This general rule applies to lawyers as agents for litigants; a lawyer has the capacity to bind the litigant. If the lawyer has no actual authority, that is a problem between the lawyer and the client.
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