Thursday, November 4, 2010
Can a lawyer have a client sign a power of attorney authorizing the lawyer to execute for the client all the important documents in a matter—for example, settlement agreements and settlement checks? No, except in extraordinary circumstances say the Ohio Supreme Court’s ethics board. Such a practice “shortchanges the client’s role in the legal representation.”
Here, the ethics board was addressing a contingent fee agreement containing this authorization. Query: Would the same concerns apply to a non-contingent fee agreement? One would think so. U.S. Law Week summarizes the opinion in some detail.