Can A Settlement Agreement Be Signed By Power Of Attorney

It is not clear whether the lawyer should act with overt authority or act as the client`s agent to sign the form, particularly if the client had given only oral authorization to the lawyer. If the law is read to give this power to lawyers without written power of attorney, it could be a problem. The other party may be reluctant to rely on a lawyer`s signature only if the client`s authorization is not guaranteed in writing. While both cases show the difficulties lawyers may face when signing documents without the explicit authority of a client, a 2006 Illinois Appeals Court shows the problems that no client knows what will be signed at the closing. Although Tuchowski was present at the closure of a property she was selling, she then sued her lawyer for misconduct because she claimed that the lawyer had precipitated her by the closure and did not properly explain what she had signed. The court ruled in Tukhowski`s favour and explained: “The fact that Tukhowski`s trust in his lawyer provides a reasonable reason for not having read the documents she signed at the time of the closure. Tuchowski, 368 Ill App at 446. While clients can win lawsuits against lawyers who rush to close, it`s not hard to imagine the penalty for a lawyer who signs documents at closing without the client`s presence. There are tight circumstances where a lawyer`s signature can be replaced by a client`s, such as the real estate transfer declaration, but in general, lawyers should follow this practice. The way for a lawyer to obtain legal protection is to obtain a power of attorney from the client. If clients cannot go to closure because of other obligations or simply do not want to be harassed, the power of attorney is the right way for a lawyer to sign documents for them.

In section 6, you can appoint more than one representative and give them the same power or another. If they have the same power, they must act unanimously, unless the agreement says otherwise.