State v. Barley

The relation of attorney and client rests on principles of agency, and not guardian and ward. While an attorney has implied authority to make stipulations and decisions in the management or prosecution of an action, such authority is usually limited to matters of procedure, and, in the absence of special authority, ordinarily a stipulation operating as a surrender of a substantial right of the client will not be upheld. See Deitz v. Bolch, 209 N.C. 202, 183 S.E. 384; Bizzell v. Equipment Co., 182 N.C. 98, 108 S.E. 439; 5 Am. Jur., Attorneys at Law, Sections 91 and 92.

The defendant in apt time…