Posted on June 15, 2019 in Civil Litigation
Q: I was named as a respondent in a court case. My attorney and petitioner’s attorney had a private meeting with the judge behind closed doors. My attorney agreed that I would consent to my mother’s bank records being disclosed for the past 17 years to petitioner. I held a power of attorney at the time but used it for only 11 years straight for only 4 transactions. Do I have to abide by an agreement made by my attorney with the judge and opposing counsel? I do not want to turn over any records as petitioner is mentally unstable. (Pittsburgh, PA)
A: Your attorney presumably represents your interests. An attorney should explain to his client any agreement the attorney enters which binds the client. It is basic Principal-Agent law. If your attorney did not obtain your consent to enter the agreement, you probably need to fire him and hire another attorney to enter his appearance and reject the agreement. Before you do, you should write your present attorney and tell him why you do not consent to the agreement and that his services are terminated. Before you do however, have an in depth discussion with your attorney about what he did. There was probably a good reason and he is acting in your best interests.