605-7 Control of action; power to settle. The practitioners licensed by the supreme court shall have control to judgment and execution, of all suits and defenses confided to them; provided that no practitioner shall have power to compromise, arbitrate, or settle such matters confided to the practitioner, unless upon special authority in writing from the practitioner's client. [CC 1859, 1069; RL 1925, 2310; RL 1935, 3609; RL 1945, 9707; RL 1955, 217-7; HRS 605-7; am L 1972, c 184, 1(d); gen ch 1985]

 

Case Notes

 

Where plaintiff argued that this section was controlling in the case, plaintiff's original complaint was filed in federal court under federal question jurisdiction and it was federal law, not state law, that controlled the action. 165 F. Supp. 2d 1133 (2001).

New counsel taking up a case must take it where counsel finds it. 7 H. 168 (1887).

Withdrawal of attorney, only on reasonable notice to client. 46 H. 52, 374 P.2d 665 (1962).

Authority of attorney of record, attempted withdrawal from case. 49 H. 20, 27-29, 407 P.2d 885 (1965).

Where record did not reflect that attorney obtained defendant's written consent to stipulate to a dismissal of condemnation action, it appeared that attorney's act of consenting on behalf of defendant was unauthorized; defendant's failure to contest the settlement constituted a ratification of the settlement and consequently a ratification of the stipulation and order to dismiss the condemnation action. 77 H. 144, 883 P.2d 65 (1994).

Attorney's failure to obtain written authorization under this section to settle easement action by agreeing to sell property on behalf of appellees did not bar enforcement of agreement. 78 H. 76, 890 P.2d 313 (1995).

Where attorney did not have written authority of client to settle a matter on behalf of client, agreement to settle was "unauthorized". 79 H. 403 (App.), 903 P.2d 708 (1995).

Waiving client's rights. Trial procedure generally. 2 H. 27, 31 (1857). Cannot waive client's right to face witnesses against him. 3 H. 240 (1870). Irregularities may be waived. 5 H. 30 (1885). Client may confirm action taken by attorney without permission of client. 4 H. 23 (1878). Client must act promptly after notice. 25 H. 386 (1920). Charging settlement without client's knowledge in a newspaper charges unprofessional conduct, and when in writing is libelous per se. 23 H. 804, 808 (1917). Compromise not an admission. 25 H. 43, 49 (1919). Attorney has no power to file on behalf of attorney's client, in an action of ejectment a disclaimer of all title, unless authorized by the client. 26 H. 412 (1922). Disqualification. 30 H. 533 (1928). General retainer not power to compromise. 40 H. 108 (1953).

 

 

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