An attorney and counselor has power to:
1. Execute in the name of a client a bond, or other written instrument, necessary and proper for the prosecution of an action or proceeding about to be or already commenced, or for the prosecution or defense of any right growing out of an action, proceeding, or final judgment rendered therein.
2. Bind a client to any agreement, in respect to any proceeding within the scope of the attorney’s or counselor’s proper duties and powers; but no evidence of any such agreement is receivable, except the statement of the attorney in person, the attorney’s or counselor’s \n Tue Dec 09 22:00:12 2025 Iowa Code 2026, Chapter 602 (74, 2) 85 JUDICIAL BRANCH, §602.10117\n\nwritten agreement signed and filed with the clerk, or an entry thereof upon the records of the court.
3. Receive money claimed by a client in an action or proceeding during the pendency thereof, or afterwards, unless the attorney or counselor has been previously discharged by the client, and, upon payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment. [C51, §1616; R60, §2706; C73, §213; C97, §319; C24, 27, 31, 35, 39, §10922; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §610.16] 83 Acts, ch 186, §10202(2) CS83, §602.10114 \n
Notes of Decisions
Gilbride v. Trunnelle, 620 N.W.2d 244 (Iowa 2000).
· cites it 6× “10114 provides that an attorney has power to “[b]ind a client to any agreement, in respect to any proceeding within the scope of the attorney’s or counselor’s proper duties and powers.”
Kissner v. Brown, 487 N.W.2d 97 (Iowa Ct. App. 1992).
· cites it 2× “Plaintiff’s attorney, who is still representing him, accepted and negotiated the check from the clerk of court in his client’s behalf.”
Westlake Inv., LLC v. MLP Mgmt., LLC, 842 F. Supp. 2d 1119 (S.D. Iowa 2012).
· cites it 2× “2d 244, 251 (Iowa 2000) (citing Iowa Code § 602.10114 ). No question is raised about the authority of the attorneys for Westlake and MLP to negotiate a settlement of this case.”
O'Reilly Auto Enter. v. Badia (Iowa Ct. App. 2022).
· cites it 2× “As Badia’s attorney, Iowa Code section 602.10114(2) (2021) gave Platt the power to bind Badia “to any agreement, in respect to any proceeding within the scope of the attorney’s or counselor’s proper duties and powers.”
— Iowa Code § 602.10114(1) — 1 case
— Iowa Code § 602.10114(2) — 2 cases
O'Reilly Auto Enter. v. Badia (Iowa Ct. App. 2022).
“As Badia’s attorney, Iowa Code section 602.10114(2) (2021) gave Platt the power to bind Badia “to any agreement, in respect to any proceeding within the scope of the attorney’s or counselor’s proper duties and powers.”
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