Can an attorney bind a client to a stipulation?

California, United States of America


The following excerpt is from Marriage of Hendle, In re, 128 Cal.Rptr. 854, 56 Cal.App.3d 814 (Cal. App. 1976):

The definition of a stipulation is well established in the law. 'A stipulation is an agreement between counsel respecting business before the court (citation), and like any other agreement or contract, It is essential that the parties or their counsel agree to its terms.' (Palmer v. City of Long Beach (1948) 33 Cal.2d 134, 142, 199 P.2d 952, 957.) (Emphasis supplied.) It is equally clear that an attorney has authority to bind his [56 Cal.App.3d 819] client in any of the steps of an action or proceeding by entering into a valid stipulation. (See Code Civ.Proc. 283.) "Such a stipulation . . . when made in open court . . . constitutes not only an agreement between the parties, but also one between them and the court, which the court is bound to enforce for the benefit of those interested and for the protection of its own honor and dignity.' (Citation.)' (Barendregt v. Downing (1959) 175 Cal.App.2d 733, 736, 346 P.2d 870, 872.)

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