Does the continued presence of a defendant's attorney satisfy the requirements of a substituted representative or insurer?
California, United States of America
The following excerpt is from Herring v. Peterson, 116 Cal.App.3d 608, 172 Cal.Rptr. 240 (Cal. App. 1981):
Nor does the continued presence of the deceased defendant's attorneys satisfy the rule. Power and authority of an attorney dies with the client. (Judson v. Love, supra, 35 Cal. at p. 467.) Since defendant's attorneys were neither joined as parties nor appeared on behalf of defendant's substituted representative or insurer, they acted without authority and cannot be deemed to have taken the place of defendant.
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