Introduction
Legal proceedings and negotiations can be intimidating, but having a skilled lawyer by your side can make it easier and more productive. When you hire a lawyer, it’s important to know how they can bind you to agreements that may arise during your case.[1]Understanding a Lawyer’s Authority
When you retain a lawyer, a legal relationship is formed. In this legal relationship, you, the client, become the “principal”, and your lawyer becomes your “authorized agent”[2] making decisions and agreements on your behalf to resolve any issues that may arise during your case. In other words, when lawyers speak, they speak on behalf of their clients. When they agree, they agree on behalf of their clients.[3] However, it is important to understand that a lawyer’s ability to bind their client to any agreement is outlined in your retainer agreement.[4]Applying the Principles in Family Law
Lawyers can act as authorized agents on behalf of their clients in all areas of law, including family law. The retainer agreement you enter into with your lawyer will outline the lawyer’s ability to negotiate and finalize settlement agreements on your behalf.[5] However, to ensure your lawyer’s actions align with your intentions, clear communication between you and your lawyer is important.[6] This ensures that your lawyer is well informed about your specific limitations, preferences, and any other instructions you may have.
Limits on Binding the Court
Although a lawyer has the power to bind their clients to agreements, it is crucial to understand that lawyers do not have the authority to bind the courts.[2] If your agreement requires court intervention or an order, the court can reject the agreement in two situations:- If the court thinks your lawyer went beyond their authority.[8]
- If the opposing party knew your lawyer was agreeing to something they were not authorized to agree to but still went along with it.[8]
Let Us Help You
Each case is unique, and given its complexities, seeking professional legal counsel is highly recommended. Being aware of a lawyer’s authority in binding clients to agreements is important for both clients and legal professionals. This awareness can allow you to approach your legal matter more confidently.Why Choose Hummingbird Lawyers LLP
Taking the first step toward resolving your legal matters is as simple as reaching out to us at Hummingbird Lawyers LLP. We offer a comprehensive range of legal services, including Family law, Real Estate Law, Wills & Estate Law, and divorce law. These interconnected legal matters can significantly impact the separation and divorce process. To make things even more convenient for you, we have offices in Toronto and Vaughan. Our dedicated team of qualified, skilled, and experienced lawyers is committed to providing you with the utmost convenience, expertise, and guidance you deserve. With our extensive experience in family law, we carefully analyze each case to determine whether litigation or mediation is the better approach. We prioritize establishing a custody and access plan early on to safeguard the best interests of children.Related Articles:
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References and Footnotes
- Braddell v Astin [1999] ABQB 100 ↩
- Scherer v Paletta [1996] O.J. No. 1017 (Ont. C.A.) ↩
- Martin v Busenius [1999] ABQB 100 ↩
- Ibid ↩
- Pastor v Pastor [2007] CarswellOnt 4661 ↩
- Iverson v Iverson [2009] SKQB 246 ↩
- Scherer v Paletta [1996] O.J. No. 1017 (Ont. C.A.) ↩
- ibid ↩
- ibid ↩
- Hrycoy Estate v Hrycoy Estate [2004] ABCA 320 ↩
