The word Settlement on a wood block beside a judge's gavel, indicating a legal lawsuit has been settled in a decision with an agreement between the plantiff and defendant

When considering settlement of a case, it is vitally important that you ensure clear and unambiguous communications with your attorney.

A recent Arizona Supreme Court case, Robertson v. Alling, 715 Ariz. Adv. Rep. 23 (2015) has held that an attorney may bind a client to a settlement, even if the client does not consent to the settlement. In that case, an attorney inadvertently failed to read an email from the client refusing a settlement offer and accepted a proposed settlement from the other side. Despite the client’s attempts to unwind the settlement after-the-fact, the Supreme Court found the settlement enforceable despite the client’s lack of consent, due to the “apparent authority” attorneys are given.

It is therefore vital that when dealing with your attorney, you ensure that the lines of communication are open and clear so that you are not bound to a settlement without your consent.

Michael Kitchen

mlkitchen@mclawfirm.com

 

ANNOUNCEMENT

 

Effective January 6, 2020, attorneys Michael W. Margrave, Michael L. Kitchen, and Patrick J. Van Zanen, as well as paralegals Brittany Crane and Mallory Rasmussen, will join Sacks Tierney P A at their office located at 4250 N. Drinkwater Boulevard, Scottsdale, AZ  85251. Their new contact information is:

Michael W. Margrave    
direct line: 480-425-2606
fax: 480-425-4906
michael.margrave@sackstierney.com

Michael L. Kitchen
direct line: 480-425-2619
fax: 480-425-4919
michael.kitchen@sackstierney.com

Patrick J. Van Zanen    
direct line: 480-425-2623
fax: 480-425-4923
patrick.vanzanen@sackstierney.com

Brittany Crane
direct line: 480-425-2627
fax: 480-425-4927
brittany.crane@sackstierney.com

Mallory Rasmussen
direct line: 480-425-2629
fax: 480-425-4929
mallory.rasmussen@sackstierney.com

We hope to continue serving your needs at our new home with Sacks Tierney P.A. beginning January 6, 2020