§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.



  Waiving client's rights:  Trial procedure generally.  2 H.
27, 31.  Cannot waive client's right to face witnesses against him.  3 H. 240. 
Irregularities may be waived.  5 H. 300 (overruling 3 H. 642).  Client may
confirm action taken by attorney without permission of client.  4 H. 23. 
Client must act promptly after notice.  25 H. 386.  Charging settlement without
client's knowledge in a newspaper charges unprofessional conduct, and when in
writing is libelous per se.  23 H. 804, 808.  Compromise not an admission.  25
H. 43, 49.  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.  Disqualification.  30 H. 533.  General retainer not power
to compromise.  40 H. 108.



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



  Withdrawal of attorney, only on reasonable notice to client. 
46 H. 52, 374 P.2d 665.  Authority of attorney of record, attempted withdrawal
from case.  49 H. 20, 27-29, 407 P.2d 885.



  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.



  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.



  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.