Iowa Code 602.10114 – Authority
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Terms Used In Iowa Code 602.10114
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
602.10114 Authority.
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 written 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
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 written 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