2021 Georgia Code
Title 15 - Courts
Chapter 19 - Attorneys
Article 1 - General Provisions
§ 15-19-5. Authority of Attorney to Bind Client
Attorneys have authority to bind their clients in any action or proceeding by any agreement in relation to the cause, made in writing, and by signing judgments, entering appeals, and entering such matters, when permissible, on the dockets of the court. Attorneys who are otherwise authorized by law to take affidavits and administer oaths shall not be disqualified to take affidavits required of their clients in any matter or proceeding of any nature whatsoever.
(Orig. Code 1863, § 382; Code 1868, § 443; Code 1873, § 408; Code 1882, § 408; Civil Code 1895, § 4417; Civil Code 1910, § 4955; Code 1933, § 9-605; Ga. L. 1957, p. 495, § 1.)
Law reviews.- For article surveying the law in Georgia on admissions, see 8 Mercer L. Rev. 252 (1957). For survey article on legal ethics, see 34 Mercer L. Rev. 197 (1982). For article on the law concerning settlements negotiated by attorneys, see 29 Ga. St. B.J. 10 (1992). For article on the law concerning settlements negotiated by attorneys, see 29 Ga. St. B.J. 10 (1992).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Oral and Written Agreements
- Limitations on Attorney's Authority
- Discharge of Attorney or Parties
- Remedies for Unauthorized Settlement
- Practice and Procedure
RESEARCH REFERENCES
Am. Jur. 2d.
- 7 Am. Jur. 2d, Attorneys at Law, §§ 3, 4.
C.J.S.- 7A C.J.S., Attorney and Client, §§ 195, 197.
ALR.
- Right of attorney, parent, guardian ad litem, or next friend to remit from verdict or judgment in favor of infant, 30 A.L.R. 1111.
Authority of attorney to bind client by extrinsic agreement to alter or vary terms of a written instrument, 76 A.L.R. 1461.
Warrant of attorney to confess judgment signed by two or more as joint, or several, or joint and several, 89 A.L.R. 403.
Validity and effect of cognovit or warrant of attorney to confess judgment in conditional sale contract, 89 A.L.R. 1106.
Authority of attorney to employ another attorney at expense of client, 90 A.L.R. 265.
Extrajudicial admissions of fact by attorney as binding client, 97 A.L.R. 374.
Authority of next friend or guardian ad litem, or of attorney employed by him, to receive payment or acknowledge satisfaction of judgment in favor of infant, 111 A.L.R. 686.
Authority of attorney to dismiss or otherwise terminate action, 56 A.L.R.2d 1290.
Attorney's inaction as excuse for failure to timely prosecute action, 15 A.L.R.3d 674.
Disqualification of attorney, otherwise qualified, to take oath or acknowledgment from client, 21 A.L.R.3d 483.
Attorney's mistake or neglect as excuse for failing to file timely notice of tort claim against state or local governmental unit, 55 A.L.R.3d 930.
Attorney's submission of dispute to arbitration, or amendment of arbitration agreement, without client's knowledge or consent, 48 A.L.R.4th 127.
Authority of attorney to compromise action - modern cases, 90 A.L.R.4th 326.
