Does an attorney have authority to enter into stipulations and agreements with a client during trial?

California, United States of America


The following excerpt is from Young v. Rosenthal, 212 Cal.App.3d 96, 260 Cal.Rptr. 369 (Cal. App. 1989):

In Linsk v. Linsk (1969) 70 Cal.2d 272, 276-278, 74 Cal.Rptr. 544, 449 P.2d 760, the court held that an attorney has the "authority to enter into stipulations and agreements in all matters of procedure during the progress [212 Cal.App.3d 116] of the trial.... [p] If counsel merely employs his best discretion in protecting the client's rights and achieving the client's fundamental goals, his authority to proceed in any appropriate manner has been unquestioned. On the other hand, if counsel abdicates a substantial right of the client contrary to express instructions, he exceeds his authority."

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Does an attorney have authority to stipulate that after a mistrial due to the disability of the trial judge, over his client's objection? (California, United States of America)
Can an attorney's fees contract stipulate that the attorney is entitled to a percentage of interest on a client's refund? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can an attorney who engaged in a conspiracy to procure an illegal abortion for his client assert attorney-client privilege? (California, United States of America)
When a defendant's attorney-client privilege is breached, is it a "structural defect" in the trial process, rather than a "trial error"? (California, United States of America)
Is an attorney bound by a stipulation even when the court considers imposition of harsher sanctions than those stipulated to by the attorney and the state bar? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Can an attorney who has entered into a stipulation as to the effect of the stipulation challenge that this is not binding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.