Clark v. Burden

Respectfully, I dissent.

I agree that an attorney must have express authority to settle a client’s cause. However, I disagree with the majority’s holding that without such authority no enforceable settlement agreement will come into existence. The rule is unjustified, against the mainstream of Kentucky law on apparent authority, and will adversely affect the administration of justice. Realizing the harshness of this rule on innocent third parties, the Court attempts to craft an exception allowing the enforcement of such an agreement when the attorney possesses apparent authority and the third…