Uncontested Rhode Island Divorces Are Divorce Lawyers Necessary?
Is Rhode Island Divorce Coaching the same as Rhode Island Divorce Mediation?

Rhode Island Divorce Coach - Am I Bound to my Divorce Lawyer's Decision?

Question:

During my divorce my Rhode Island Divorce Lawyer entered into an agreement with my spouse's attorney in a stipulation without my approval.  Is the court going to hold me to what my lawyer agreed to?  He didn't have my permission.

 

Answer:

Usually, "Yes."  When you hire a divorce lawyer, that lawyer represents you and acts as your agent.  It's very similar to a power of attorney.  If your lawyer bound you to something, you are going to be held to it by the court and by the other party.  If your attorney did it without your approvable, it may be because the attorney misunderstood some instructions you provided to him or her.  Or, the lawyer may have reasonably thought that it was a decision that is or was well within his or her discretion.  

Remember that when you hire a divorce lawyer you hire him or her for the expertise in the area of divorce and family law.  Your lawyer does have discretion in making various decisions that are in your best interests.  Otherwise, it would be pointless to hire an attorney for his or her expertise yet expect that the lawyer can't make any decisions at all without your say so.  That would nullify the whole reason why the lawyer was hired. 


Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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