QUESTION

can a settlement agreement be vacated or held invalid because my attorney failed to register with the court as my attorney of record?

Asked on Sep 30th, 2012 on Contracts - New York
More details to this question:
the agreement is unfavorable to me and we could not be heard on trial date because he did not register and i was still listed as pro se. he now has moved to withdraw.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your attorney's appearance as attorney of record, in and of itself, should have no bearing on the validity or enforceability of your settlement agreement.  However, if you are claiming that your attorney had no authority to enter into such an agreement on your behalf (assuming that he entered into such agreement without your knowledge or approval) the fact that he never filed an appearance on your behalf could be evidence of that lack of authority, whereas if he had filed an appearance as your attorney, that would be strong evidence that he had, at least, "apparent authority" to settle the case on your behalf.
Answered on Oct 01st, 2012 at 6:02 PM

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