Divorce, family and divorce, Family Law

The Authority of Lawyers to Bind Clients Into Agreements

Authority of Lawyers to Bind Clients Into Agreements
Authority of Lawyers to Bind Clients Into Agreements

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 Authority Of Lawyers Client Agreements

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:
  1. If the court thinks your lawyer went beyond their authority.[8]
  2. 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]
These strict rules are in place to protect the court’s control over legal matters and the fairness of the legal process. However, if your lawyer operates within scope of the retainer agreement and the opposing party does not know about any restrictions in place, then you’ll be bound by the settlement agreement your lawyer has agreed to.[10] Understanding the full extent of your lawyer’s ability to act on your behalf can have a big impact on how your legal matter turns out. Thus, maintaining clear communication with your lawyer and being well-informed about the terms outlined in your retainer agreement are important steps in protecting your interests throughout your family matter.

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.

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    References and Footnotes

    1. Braddell v Astin [1999] ABQB 100 ↩
    2. Scherer v Paletta [1996] O.J. No. 1017 (Ont. C.A.) ↩
    3. Martin v Busenius [1999] ABQB 100 ↩
    4. Ibid ↩
    5. Pastor v Pastor [2007] CarswellOnt 4661 ↩
    6. Iverson v Iverson [2009] SKQB 246 ↩
    7. Scherer v Paletta [1996] O.J. No. 1017 (Ont. C.A.) ↩
    8. ibid ↩
    9. ibid ↩
    10. Hrycoy Estate v Hrycoy Estate [2004] ABCA 320 ↩
    George

    George is an Associate Lawyer with the Hummingbird Lawyers LLP’s Family Law Department. With a commitment to making a real difference in the lives of his clients and the community, George brings passion and enthusiasm to the firm. After articling with Hummingbird Lawyers LLP in 2023, George was called to the Bar of Ontario in 2024 and returned to the firm as an Associate Family and Divorce Lawyer working exclusively in the Hummingbird Lawyers LLP’s Family Law Department.

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