Even when lawyers are not given express or explicit authorization by a client, a client’s lawyer is generally presumed to have authority to settle a case on a client’s behalf. Express authority to settle is presumed when an attorney expressly asserts such authority. Eaton v. Mallinckrodt, Inc., 224 S.W.3d 596, 599 (Mo. 2007). Moreover, even…
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Motions to Enforce Settlement Agreements
Courts encourage settlement. To this end, many courts strongly encourage mediation and arbitration, particularly for family law related matters or other sensitive subjective matter. As a practical matter, moreover, there is much to be said for mutually coming to an agreement with another party to resolve a dispute, rather than putting it in the hands…