Practice point: An attorney has no implied power by virtue of the general retainer, standing alone, to compromise or settle a client's claim.
Practitioners should note that a general release and stipulation of discontinuance will be vacated, and the case restored, on evidence that plaintiff neither authorized nor consented to the settlement.
Case: Blakney v. Leathers, NY Slip Op 08437 (2d Dept. 2008)
The opinion is here.
