The Authority of Illinios Lawyers to Settle Their Clients' Civil Claims: On Priniciples Not Quite Settled

Loyola University Chicago Law Journal, Vol. 31, 2000

29 Pages Posted: 7 Jul 2008  

Austin W. Bartlett

Northern Illinois University

Jeffrey A. Parness

Northern Illinois University - College of Law

Date Written: July 2, 2008

Abstract

The Illinois laws guiding lawyer civil claim settlement authority are not well settled and should be reexamined to provide lawyers with clear standards when they agree to a settlement on behalf of their clients. A comprehensive rule making initiative pursued by the Illinois Supreme Court is the best vehicle to settle the principles of lawyer conduct. In undertaking such an initiative, the Illinois Supreme Court should clarify issues of actual authority, apparent authority, burdens of proof, and open court presumptions. Furthermore, the Illinois Supreme Court should address other laws directly impacting upon, but unrelated to, lawyer settlement authority, including laws regarding choice of law, separation of powers, required writings, compelled attendance and judicial enforcement issues. The principles governing civil claim settlements will become clear and settled only after such a comprehensive revision is complete.

Keywords: Civil Procedure, Professional Responsibility, Lawyer Conduct, Settlement

Suggested Citation

Bartlett, Austin W. and Parness, Jeffrey A., The Authority of Illinios Lawyers to Settle Their Clients' Civil Claims: On Priniciples Not Quite Settled (July 2, 2008). Loyola University Chicago Law Journal, Vol. 31, 2000. Available at SSRN: https://ssrn.com/abstract=1154763

Austin W. Bartlett

Northern Illinois University

1425 W. Lincoln Hwy
Dekalb, IL 60115-2828
United States

Jeffrey A. Parness (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

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