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Through his lawyer, a client asked for, and received a professional courtesy from the opposing side.

The opposing counsel had attached a condition to this professional courtesy that the client didn't know about (only the two lawyers discussed this matter). The client now finds the condition more of a "give up" than the original favor.

Is a lawyer allowed to make such a deal without consulting the client? And since it is a matter of professional courtesy as opposed to a legal right, does such a deal even have any meaning?

Libra
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1 Answers1

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This depends very much on the nature of the agreement, and whether it affects the client's rights and obligations. It may also depend on which US state this is in.

If the agreement is "We will hold the negotiating meetings at your office instead of mine." the client's rights are not affected and the client probably has no veto. If the agreement is "Yes we will plead guilty to manslaughter." it isn't valid without the client's consent.

If the client is giving up any rights or making any significant concessions, then the client's consent is probably required, but I can give no better answer without an indication of the subject of the agreement.

David Siegel
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