An attorney may bind a client, at any stage of an action or proceeding, by agreement made in open court or in the presence of the court administrator, and entered in the minutes by such court administrator, or made in writing and signed by such attorney. During any proceeding or action the attorney may receive money claimed therein by a client, and within six years after judgment, upon payment thereof, may discharge the claim or acknowledge satisfaction of the judgment; but all such authority shall cease upon the substitution of another attorney.
Notes of Decisions
Skalbeck v. Agristor Leasing, 384 N.W.2d 209 (Minn. Ct. App. 1986).
· cites it 6× “Here the trial court relied on Minn.Stat. § 481.08 (1984), which provides in part that: An attorney may bind his client, at any stage of an action or proceeding, by agreement * * * made in writing and signed by such attorney.”
Schumann v. Northtown Ins. Agency, Inc., 452 N.W.2d 482 (Minn. Ct. App. 1990).
· cites it 6× “The authority of an attorney to settle lawsuits for his or her client is set forth in Minn.Stat. § 481.08: An attorney may bind a client, at any stage of an action or proceeding, by agreement * * * made in writing and signed by such attorney.”
Beach v. Anderson, 417 N.W.2d 709 (Minn. Ct. App. 1988).
· cites it 2× “Minn.Stat. § 481.08. However, the attorney needs his client’s authority to do so.”
Austin Farm Ctr., Inc. v. Austin Grain Co., 418 N.W.2d 181 (Minn. Ct. App. 1988).
· cites it 2× “Minn.Stat. § 481.08 (1986) creates a simple rule of law binding a client to his or her attorney’s act once the attorney has made an agreement “in writing and signed by such attorney,” regardless of any showing of authority.”
Teva Pharm. Indus., Ltd. v. United Healthcare Servs., Inc., 341 F. Supp. 3d 475 (E.D. Pa. 2018).
“Pursuant to Minn. Stat. § 481.08 , a client is bound by the attorney's act once the attorney has made an agreement in writing and signed by such attorney, regardless of any showing of authority.”
TRIPLE B & G, INC. v. City of Fairmont, 494 N.W.2d 49 (Minn. Ct. App. 1992).
“StaL § 481.08 (1990) allows “an attorney [to] bind a client, at any stage of an action or proceeding, by agreement * * * made in writing and signed by such attorney.”
Albert v. Edgewater Beach Bldg. Corp., 15 N.W.2d 460 (Minn. 1944).
“1941, § 481.08 (Mason St. 1927, § 5690), sets forth the statutory authority of an attorney as follows: “An attorney may bind his client, at any stage of an action or proceeding, by agreement made in open court or in the presence of the clerk, and entered in the minutes by such…”
Johnson v. Sitzmann, 413 N.W.2d 541 (Minn. Ct. App. 1987).
· cites it 4× “The language of subpart 3 contemplates an agreement precedes the requirement of a writing. Furthermore, after a finding of probable cause by the Department of Human Rights, the Department represents the complaining party’s interests during settlement negotiations.”
Brian Rhodes v. Stockwell Homes, L.L.C. (2024).
· cites it 4× “Did the district court err in determining that an enforceable, signed mediated settlement agreement existed as a matter of law? ANALYSIS The Rhodeses argue that the district court erred in enforcing the settlement agreement because (1) Minn. Stat. § 481.08 (2022), which permits…”
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