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Arbitration & Mediation
: Florida Arbitration LawDoes a Lawyer Have Client Authority to Serve a Proposal of Settlement?
By Christopher B. Hopkins, Esq.
The question of settlement is certainly without our focus of arbitration and mediation. We note this interesting Fourth DCA case involving questions of a lawyer's authority to settle and/or serve a Proposal for Settlement. In Julio and Alejandra Ponce v. U-Haul Co. of Florida et al., a personal injury plaintiff lawyer had a retainer agreement with his client which gave the lawyer authority to negotiate settlement. Deposition testimony seemed to suggest that discussions about settlement occurred. Nowhere, however, was there a discussion between plaintiff and lawyer about the lawyer serving a $95,000 Proposal for Settlement.
The Fourth DCA ruled that there is a strict standard of proof in determining whether a client authorized a lawyer to settle a client's claim and that the lawyer's good faith belief of authority was not enough. The Court even noted a 1965 case which apparently states that even a contract giving the lawyer the right "to negotiate settlement" was not a clear and unequivocal.
Practice tip: memorialize settlement discussions with your client in writing.
Full post as published by Florida Arbitration Law on January 31, 2008 (boomark / email).
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