Legal Question in Business Law in Florida

age limit

I retained an attorney last year because of an accident my 17 year old daughter was involved in, the accident was not her fault and her car was totaled. My daughter is now working a part-time job and is unable to attend the closing for this case and also she is 18 years of age. MY attorney wants her to sign a power of attorney letter for him to handle the settlement monies. I strongly do not agree with his method. It is a sudden change of pace for him. MY question is WHY would she have to sign this letter if I am the one that hired him. Thank You for your time and patience.


Asked on 3/02/05, 9:02 am

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: age limit

Your daughter is the real person in interest, not you. She is the client.

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Answered on 3/02/05, 1:44 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: age limit

The question is not who hired the attorney, but rather, who is the client? Your daughter is the client, and since she is 18 years of age, she is legally competent to make decisions regarding her case. Prior to agreeing to the settlement, your daughter should have a clear breakdown of the settlement terms, including her net recovery after taking into account costs, medical bills, attorney's fees, and any other normal and customary charges pursuant to the engagement agreement that was signed at the outset of the legal representation. The lawyer should be speaking to your daughter, not to you, regarding the case, but if your daughter wants you involved in the settlement discussions, it is perfectly normal for the lawyer to require that certain papers get signed since you are not the client and the lawyer is not allowed to disclose certain information to a non-client without the client's prior knowledge and consent.

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Answered on 3/02/05, 3:24 pm


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