attorney's implied authority
- The authority which an attorney has, by virtue of his employment as an attorney, to do all acts necessary and proper to the regular and orderly conduct of the case; being such acts as affect the remedy only and not the cause of action. Such acts of the attorney are binding on his client, though done without consulting him. 7 Am J2d Attys § 120. An attorney employed to conduct a transaction not involving an appearance in court also has a measure of implied authority, although not in the broad scope accorded that of a counsel in litigation. For example an attorney employed to collect a claim has no implied authority to accept anything except lawful money in payment. Anno: 66 ALR 116, S. 30 ALR2d 949, § 5.
Ballentine's law dictionary. Anderson, W.S.. 1998.
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