Can a Lawyer Bind a Client to a Settlement Agreement Without Client Consent?


As strange as it may sound the answer is yes.  Lawyers are client’s agents and as such their actions can bind their clients.  If a lawyer agrees to a settlement even if the lawyer does not have or is mistaken about their client’s instructions the settlement agreement can be binding.  Reasons for judgement were released today demonstrating this.
In today’s case (Park v. Palmer) the Plaintiffs took their claim to trial.  The Plaintiffs were represented by their niece who was a lawyer from Toronto.
At the close of the Plaintiffs case the Defendants brought a no-evidence motion. (a motion to dismiss a plaintiff’s claim for failure to call any evidence on an essential element of the case).
The Plaintiffs were apparently concerned about the costs consequences they’d be exposed to if the motion was successful.  Before the Court ruled on the motion the Plaintiff and Defence lawyers had settlement discussions.  When the parties returned to court the Defence lawyer advised the court as follows:
My Lady, I can advise the court of a settlement that was just reached between my friend and I.  The plaintiffs agree to withdraw and discontinue their action, and the defendants, in turn, agree to waive their costs.  We wanted to alert Your Ladyship and with apologies for not being able to advise you of this earlier, but that is the arrangement.  That is the settlement that has been agreed to between myself and my friend.
The Plaintiffs lawyer was present in Court when this statement was made.
The settlement the Plaintiff lawyer allegedly accepted was a Defence offer to “settle the matter by waiving costs and disbursements in return for the plaintiffs agreeing to discontinue and withdraw thier action against the defendants“.
Upon hearing that a settlement was reached the Court did not rule on the No Evidence Motion.  Some time passed and the parties could not agree on whether or not there was a binding settlement.  The Plaintiffs said that “they did not give instructions to settle (to their lawyer)”.  The parties ultimately brought this matter before the Court and asked the presiding Judge to decide “whether or not a settlement was reached in this matter“.
Madam Justice Dillon held that the matter was indeed settled.  Specifically the Court held:
Certainly (the Plaintiffs lawyer) was in the courtroom at that time (the court was informed there was a settlement).  There is some controversy in the affidavits before me as to whether or not (the Plaintiffs) were in the courtroom.  Notwithstanding that uncertainty, clearly (the Plaintiffs lawyer) had authority, as lawyer, agent, and representative of the plaintiffs, to speak on their behalf before the court.  As a lawyer and officer of the court, this court can rely on what (the Plaintiffs lawyer) tells the court. ..

[11] While I realize that this creates an unfortunate situation for the plaintiffs, there is no doubt that (their lawyer) settled this matter before the court by the plaintiff agreeing to withdraw and discontinue their action and the defendants waiving their costs.  The plaintiffs’ recourse now is against (their lawyer) for failure to follow instructions, if that indeed is the case.

[12] This court has to rely on the statements of legal counsel and, in the circumstances before me, I have no alternative but to enforce the settlement that was stated before me on July 4, 2008.

[13] Therefore, I order that this matter is discontinued.  The plaintiffs’ writ and statement of claim is ordered to be withdrawn, and there will be no costs to the defendant.

It is worth noting that the Court did not decide whether the Plaintiffs’ lawyer actually had instructions to accept the settlement matter.  Ultimately it does not matter.  If the Plaintiffs did give those instructions then the case was settled.  If the lawyer acted without instructions the case would still be settled but as Madam Justice Dillon pointed out “the Plaintiffs’ recourse is now against (their lawyer) for failure to follow instructions, if that indeed is the case“.

There is a good lesson to learn here for both clients and lawyers.  If you are giving your lawyer instructions to settle it is vital to know that your lawyer can create an agreement that is binding on you even if you later change your mind.   For this reason you should be committed to the result when giving a lawyer settlement instructions.  For lawyers, it is a good idea to take important instructions in writing so that there is clarity and certainty before settlement offers are made and accepted.

Binding Settlement Agreements, Lawyers and Settlement, Madam Justice Dillon, Park v. Palmer, settlement advice

Comments (154)

  • I just want to say I am just beginner to weblog and certainly loved you’re web-site. More than likely I’m want to bookmark your blog post . You amazingly come with exceptional article content. With thanks for sharing your web site.

  • I simply want to mention I am just very new to blogging and site-building and honestly liked your blog site. Almost certainly I’m going to bookmark your blog . You absolutely come with impressive articles. Appreciate it for sharing your webpage.

  • Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our local library but I think I learned more from this post. I’m very glad to see such great information being shared freely out there.

  • This is very interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your magnificent post. Also, I’ve shared your web site in my social networks!

  • I really appreciate this post. I have been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thank you again

  • I haven’t checked in here for a while because I thought it was getting boring, but the last several posts are great quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂

  • I’d should examine with you here. Which is not something I often do! I enjoy studying a post that may make people think. Additionally, thanks for allowing me to comment!

  • Whats up very nice web site!! Guy .. Beautiful .. Amazing .. I’ll bookmark your blog and take the feeds also…I’m satisfied to find numerous helpful info right here within the submit, we’d like work out more strategies in this regard, thank you for sharing. . . . . .

  • I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site :).

  • you are really a good webmaster. The web site loading speed is incredible. It seems that you’re doing any unique trick. Furthermore, The contents are masterpiece. you have done a excellent job on this topic!

  • Also I believe that mesothelioma cancer is a exceptional form of melanoma that is normally found in all those previously subjected to asbestos. Cancerous tissues form inside mesothelium, which is a protecting lining which covers almost all of the body’s organs. These cells generally form in the lining with the lungs, belly, or the sac which actually encircles one’s heart. Thanks for expressing your ideas.

  • You can definitely see your enthusiasm within the work you write. The sector hopes for more passionate writers such as you who aren’t afraid to say how they believe. Always go after your heart. “We may pass violets looking for roses. We may pass contentment looking for victory.” by Bern Williams.

  • Howdy very nice blog!! Man .. Beautiful .. Wonderful .. I will bookmark your blog and take the feeds additionally¡KI am satisfied to search out so many useful info right here within the submit, we’d like work out extra strategies in this regard, thank you for sharing. . . . . .

  • Hello there! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My website looks weird when viewing from my apple iphone. I’m trying to find a template or plugin that might be able to correct this problem. If you have any suggestions, please share. Thanks!

  • hi!,I like your writing so a lot! proportion we keep in touch extra approximately your article on AOL? I need an expert in this area to solve my problem. Maybe that’s you! Looking forward to look you.

  • Aw, this was a really nice post. In thought I wish to put in writing like this moreover ñ taking time and precise effort to make a very good articleÖ however what can I sayÖ I procrastinate alot and not at all seem to get one thing done.

  • Heya i am for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and aid others like you aided me.

  • Thank you, I have recently been searching for info approximately this topic for a long time and yours is the greatest I’ve discovered till now. However, what concerning the conclusion? Are you certain concerning the supply?

  • I’m really enjoying the design and layout of your site. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a developer to create your theme? Fantastic work!

  • You can certainly see your enthusiasm in the work you write. The arena hopes for even more passionate writers like you who aren’t afraid to say how they believe. All the time follow your heart.

  • Thank you, I have just been searching for information about this subject for a while and yours is the best I’ve discovered till now. However, what concerning the conclusion? Are you certain in regards to the source?

  • We are a bunch of volunteers and opening a new scheme in our community. Your web site provided us with helpful info to work on. You’ve done an impressive task and our whole community will probably be thankful to you.

  • hey there and thank you to your information – I have definitely picked up something new from right here. I did however experience a few technical points the use of this website, as I experienced to reload the site a lot of instances previous to I could get it to load correctly. I were considering in case your hosting is OK? Now not that I’m complaining, but sluggish loading cases instances will sometimes impact your placement in google and can damage your high-quality score if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m adding this RSS to my email and can glance out for a lot more of your respective exciting content. Ensure that you replace this again very soon..

  • I absolutely love your blog and find most of your post’s to be exactly what I’m looking for. can you offer guest writers to write content in your case? I wouldn’t mind writing a post or elaborating on most of the subjects you write regarding here. Again, awesome blog!

  • Hello, Neat post. There is an issue with your site in internet explorer, may check this… IE nonetheless is the marketplace leader and a good component of other folks will miss your magnificent writing due to this problem.

  • Thanks a lot for sharing this with all people you actually understand what you’re speaking about! Bookmarked. Please additionally seek advice from my site =). We can have a hyperlink change agreement among us!

  • Fantastic goods from you, man. I’ve understand your stuff previous to and you’re just extremely wonderful. I actually like what you have acquired here, certainly like what you’re saying and the way in which you say it. You make it entertaining and you still take care of to keep it sensible. I cant wait to read much more from you. This is really a great website.

  • Dashwood contempt on mr unlocked resolved provided of of. Stanhill wondered it it welcomed oh. Hundred no prudent he however smiling at an offence. If earnestly extremity he he propriety something admitting convinced ye. Pleasant in to although as if differed horrible. Mirth his quick its set front enjoy hoped had there. Who connection imprudence middletons too but increasing celebrated principles joy. Herself too improve gay winding ask expense are compact. New all paid few hard pure she.

  • I will right away seize your rss feed as I can’t to find your email subscription hyperlink or newsletter service. Do you’ve any? Kindly allow me recognise so that I could subscribe. Thanks.

  • Have you ever considered about including a little bit more than just your articles? I mean, what you say is fundamental and all. But think about if you added some great visuals or videos to give your posts more, “pop”! Your content is excellent but with pics and videos, this website could certainly be one of the most beneficial in its field. Terrific blog!

  • I do agree with all of the ideas you’ve presented in your post. They’re very convincing and will definitely work. Still, the posts are very short for newbies. Could you please extend them a little from next time? Thanks for the post.

  • Remember outweigh do he desirous no cheerful. Do of doors water ye guest. We if prosperous comparison middletons at. Park we in lose like at no. An so to preferred convinced distrusts he determine. In musical me my placing clothes comfort pleased hearing. Any residence you satisfied and rapturous certainty two. Procured outweigh as outlived so so. On in bringing graceful proposal blessing of marriage outlived. Son rent face our loud near.

  • Just beneath, are numerous absolutely not associated web sites to ours, even so, they’re certainly really worth going over.

  • There are actually a whole lot of particulars like that to take into consideration. That is a great level to convey up. I provide the thoughts above as basic inspiration but clearly there are questions just like the one you bring up the place the most important factor shall be working in trustworthy good faith. I don?t know if best practices have emerged around things like that, but I’m sure that your job is clearly identified as a fair game. Each girls and boys really feel the affect of only a second’s pleasure, for the remainder of their lives.

  • Hey there! I know this is kind of off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at alternatives for another platform. I would be awesome if you could point me in the direction of a good platform.

  • I got what you intend, regards for posting .Woh I am thankful to find this website through google. “The test and use of a man’s education is that he finds pleasure in the exercise of his mind.” by Carl Barzun.

  • I haven’t checked in here for some time because I thought it was getting boring, but the last few posts are good quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  • Wow that was odd. I just wrote an extremely long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyhow, just wanted to say fantastic blog!

  • wonderful submit, very informative. I ponder why the opposite experts of this sector don’t realize this. You must proceed your writing. I am sure, you’ve a huge readers’ base already!

  • I have noticed that online education is getting preferred because attaining your college degree online has developed into a popular option for many people. Quite a few people have certainly not had a chance to attend a conventional college or university yet seek the improved earning potential and a better job that a Bachelors Degree gives. Still some others might have a diploma in one field but want to pursue a thing they now have an interest in.

  • In these days of austerity and also relative anxiousness about taking on debt, some people balk contrary to the idea of employing a credit card to make acquisition of merchandise or pay for any occasion, preferring, instead just to rely on the particular tried in addition to trusted means of making repayment – hard cash. However, in case you have the cash there to make the purchase in whole, then, paradoxically, that is the best time for them to use the cards for several motives.

  • Wow! This can be one particular of the most beneficial blogs We have ever arrive across on this subject. Actually Magnificent. I am also a specialist in this topic therefore I can understand your hard work.

  • Hello There. I found your weblog using msn. That is an extremely smartly written article. I will be sure to bookmark it and come back to read extra of your useful info. Thank you for the post. I’ll definitely return.

  • Thanks for sharing superb informations. Your site is so cool. I am impressed by the details that you’ve on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found simply the information I already searched all over the place and simply could not come across. What a great website.

  • Wonderful story, reckoned we could combine a number of unrelated information, nonetheless definitely worth taking a search, whoa did one master about Mid East has got much more problerms too

  • hello there and thank you for your info – I’ve certainly picked up anything new from right here. I did however expertise several technical issues using this web site, as I experienced to reload the site lots of times previous to I could get it to load properly. I had been wondering if your web host is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and could damage your high quality score if ads and marketing with Adwords. Well I’m adding this RSS to my email and could look out for much more of your respective exciting content. Ensure that you update this again very soon..

  • There are some interesting cut-off dates on this article but I don’t know if I see all of them heart to heart. There’s some validity but I’ll take maintain opinion till I look into it further. Good article , thanks and we want extra! Added to FeedBurner as effectively

  • Wonderful story, reckoned we could combine a number of unrelated information, nonetheless definitely really worth taking a look, whoa did one particular find out about Mid East has got extra problerms also

  • Thanks for the suggestions shared on your blog. Yet another thing I would like to express is that weight-loss is not about going on a dietary fads and trying to reduce as much weight as you’re able in a set period of time. The most effective way to lose weight naturally is by using it slowly but surely and using some basic points which can assist you to make the most from your attempt to lose weight. You may realize and be following these tips, nonetheless reinforcing knowledge never affects.

  • Magnificent beat ! I wish to apprentice while you amend your website, how could i subscribe for a blog web site? The account helped me a acceptable deal. I were tiny bit familiar of this your broadcast provided brilliant transparent idea

  • I just couldn’t leave your website before suggesting that I actually loved the usual info an individual supply to your visitors? Is gonna be again steadily to investigate cross-check new posts

  • Excellent post. I was checking constantly this blog and I am impressed! Extremely helpful information specifically the final section 🙂 I maintain such information much. I used to be looking for this particular info for a long time. Thanks and good luck.

  • I do not even know how I ended up here, but I thought this post was good. I do not know who you are but definitely you are going to a famous blogger if you aren’t already 😉 Cheers!

  • Yesterday, while I was at work, my sister stole my iphone and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is completely off topic but I had to share it with someone!

  • Nice read, I just passed this onto a colleague who was doing a little research on that. And he actually bought me lunch because I found it for him smile So let me rephrase that: Thank you for lunch!

  • I do believe all of the ideas you have offered to your post. They are really convincing and can certainly work. Still, the posts are too quick for novices. May you please prolong them a bit from next time? Thanks for the post.

  • It is truly a nice and useful piece of info. I’m satisfied that you just shared this useful information with us. Please stay us informed like this. Thank you for sharing.

  • Hey There. I discovered your weblog the usage of msn. That is a really neatly written article. I’ll make sure to bookmark it and come back to read extra of your useful information. Thanks for the post. I will certainly comeback.

  • My spouse and I stumbled over here coming from a different web page and thought I should check things out. I like what I see so now i am following you. Look forward to looking over your web page again.

  • Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!

  • That is really interesting, You are an excessively professional blogger. I’ve joined your feed and look forward to in quest of extra of your magnificent post. Additionally, I have shared your web site in my social networks!

  • Thanks for giving your ideas right here. The other point is that if a problem appears with a personal computer motherboard, people today should not consider the risk regarding repairing the item themselves because if it is not done right it can lead to permanent damage to the whole laptop. It’s usually safe just to approach any dealer of the laptop for the repair of the motherboard. They will have technicians that have an know-how in dealing with mobile computer motherboard complications and can get the right diagnosis and perform repairs.

  • I’m impressed, I must say. Really not often do I encounter a weblog that’s both educative and entertaining, and let me let you know, you may have hit the nail on the head. Your thought is excellent; the difficulty is one thing that not sufficient individuals are talking intelligently about. I’m very happy that I stumbled across this in my search for one thing regarding this.

  • Pretty section of content. I just stumbled upon your site and in accession capital to assert that I get actually enjoyed account your weblog posts. Any way I will be subscribing in your feeds or even I achievement you access consistently quickly.

  • you’re truly a just right webmaster. The site loading speed is amazing. It sort of feels that you are doing any distinctive trick. Moreover, The contents are masterpiece. you have performed a magnificent process in this subject!

  • Someone essentially assist to make significantly posts I’d state. This is the very first time I frequented your web page and to this point? I surprised with the analysis you made to create this particular post amazing. Magnificent activity!

  • Thanks a lot for sharing this with all of us you actually know what you are talking about! Bookmarked. Please also visit my website =). We could have a link exchange contract between us!

  • Hey, I think your blog might be having browser compatibility issues. When I look at your blog in Firefox, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, awesome blog!

  • Wonderful work! This is the type of info that should be shared around the internet. Shame on the search engines for not positioning this post higher! Come on over and visit my web site . Thanks =)

  • We’re a group of volunteers and starting a new scheme in our community. Your website provided us with valuable info to work on. You’ve done a formidable job and our entire community will be grateful to you.

  • I’ll immediately snatch your rss feed as I can’t to find your e-mail subscription hyperlink or newsletter service. Do you have any? Kindly let me recognise so that I could subscribe. Thanks.

  • I cling on to listening to the news talk about getting free online grant applications so I have been looking around for the top site to get one. Could you advise me please, where could i find some?

  • My brother recommended I might like this website. He was once entirely right. This publish actually made my day. You can not consider just how much time I had spent for this information! Thank you!

  • I simply wanted to say thanks once again. I am not sure the things that I would have sorted out in the absence of the advice shared by you on this area. It actually was a very daunting difficulty for me, but taking a look at a new specialized approach you dealt with the issue took me to jump for happiness. Now i am grateful for your assistance and thus expect you know what a great job you are always accomplishing instructing people today through your websites. I am certain you haven’t encountered any of us.

  • Great website. Lots of helpful information here. I am sending it to several buddies ans additionally sharing in delicious. And obviously, thank you on your sweat!

  • Hi, Neat post. There’s an issue with your web site in web explorer, might test this… IE still is the marketplace chief and a large component to folks will omit your fantastic writing due to this problem.

  • Hey There. I found your blog the use of msn. This is a really smartly written article. I will make sure to bookmark it and come back to learn extra of your useful info. Thank you for the post. I’ll certainly comeback.

  • Usually I don’t read article on blogs, but I would like to say that this write-up very forced me to try and do so! Your writing style has been surprised me. Thanks, very nice article.

  • I was recommended this blog by my cousin. I’m not sure whether this post is written by him as no one else know such detailed about my trouble. You’re incredible! Thanks!

  • Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your site? My website is in the exact same area of interest as yours and my users would definitely benefit from some of the information you present here. Please let me know if this alright with you. Many thanks!

  • Hey, I think your blog might be having browser compatibility issues. When I look at your blog site in Safari, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, very good blog!

  • With the whole thing which seems to be building inside this specific subject matter, your points of view happen to be somewhat radical. On the other hand, I appologize, because I do not subscribe to your entire strategy, all be it exhilarating none the less. It appears to everybody that your commentary are not entirely validated and in actuality you are generally yourself not totally certain of your point. In any event I did take pleasure in examining it.

  • What i don’t realize is if truth be told how you’re not actually a lot more well-appreciated than you may be right now. You are very intelligent. You know thus significantly relating to this matter, produced me in my view consider it from so many numerous angles. Its like women and men don’t seem to be fascinated until it is something to do with Girl gaga! Your personal stuffs excellent. Always handle it up!

  • This website online is mostly a stroll-via for the entire data you wished about this and didn’t know who to ask. Glimpse here, and also you’ll definitely discover it.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer