The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-18
A LAWYERS RIGHTS.
He Must Be Consulted by His
Clients.
CONVICTED OF GRAND LARCENY.
Real Estate Man Who Embexzled a Note
- Two Vessels Lfbeled by the
Crews for Their Wages.

Yesterday morning Judge Osborn signed an
erder renstating the case of Samuel Stabenow
rs Theodore n. Halter and Annie c. Halter. ad-
,sinistrators of the estate OF @. Morris Halter
uud ordering the same placed on the calendar
ior trial, and by so doing decided that when q
client has placed suit entirely in the hands of
an sttorney, the attorney alone and not the
client himself has the power to act in the case.
The suit had been settled upon a compromise
betveen stabenow and Theodore n Halter, and
stipulation was entered into between Stable
NOW and the defendants attorneys Diminishing
the Gaze without consulting plaintiffs attorney
Edgar Lehman, or giving him any information
inst settlement was to be made. The order of
the court leaves the matter SO that Stabenow
ran proceed with the case as II no stipulation
had been entered into. Decisions of the SUI
irene court of California, cited by Stabenow's
s s,torpey, were directly in point and practically
decided the question at issue. Following is a
onotaiion from the 29th California, page l47,
which reads:
"a party to an action may appear in his own
propcr person or by attorney, but be canuot do
koih II he appears by attorney he must be
heard through him. aud 1t IL indispensable to
ire decorum OF the court, and the due and Or
dery conduct OF cause that such attorney
anal have the management and control of the
action and his acts go unquestioned by any one
except the party whom he represents So
III.
Inc court cannot recognize any 9th.
er Is having the management OF
The csse. II the party for any cause becomes
dissatisfied with his attorney the law points out
arernedy. He may move the court for leave to
change hi attorney, as provided In section 10
OF the act concerning attorneys and counselors.
Isee section 2s4, Code of Civil Procedure OF Cali
foruia1 Until that has been done the client can.
no; assume control Of the case While there is
a attorney of record no stipulation as to the
conduct or disposal of the action should
Be- entertained by the court unless the
same 10 signed or assented to by such
attorney (see section OF the act
concerning attorneys and couuselors.l
such rule is not only indispensable to the
orderly conduct OF cause, but lie likewise
saegsrd 10 the client against the intrigues of his
adversary. Moreover without being under
stood as making any reference to the present
tsej II 10 proper TO add that to entirely ignore
ne attorney OF record and enter without his
ssrsent into secret negotiations with his client
tathinE the management of his case is unbe-
tusieg the dignity OF the legal profession, and
aasretve of that courtesy which is due from
ese nsnber to another
Tscode of court procedure of California pro-
rssu follows:
An attorney and counselor shall have
iuiaorty:
Fnt--To bind his client in any of the stems
eetion or proceeding by his agreement filed
With the clerk or entered upon tho minutes OF
court, and not otherwise.
The language of the code of Washington is
Almost Identical, reading;
Az attorney and counselor has authority:
Nnt-To bind his client in any of the pro-
eeeding' of an action or special proceeding by
disagreement duly made and entered upon the
minutes OF the court, but the court shall disre-
gard all agreements and stlpulatious d relation
bthe conduct of, or any of the proceedings in,
an action or special proceeding, unless such
iueoment or stipulation be made in open court
erin presence of the clerk, and entered in the
unutes by him, or signed by the party against
WON the same Is alleged, or by his attorney.
The phraseology used by the code of Washing
ba and that OF the state of California in rela-
ton TO the powers of attorney are the same and
ia no material respects different, and it was con-
tended by Mr.. Lehman that the decision OF the
mpreme court of California upon this PROPOSE
ton Of law was directly In point and should
control the case