May I make an agreement with opposing counsel on behalf of my attorney?


Yes, but only in certain instances. If your attorney asks that you contact opposing counsel for scheduling purposes, you may make an agreement as to dates and locations. If your attorney asks that you contact opposing counsel to obtain an extension of time in which to object and respond to discovery requests, you may obtain that agreement on his behalf. Keep in mind that any agreements between attorneys or parties touching on a pending suit must be in writing and filed with the court in order to be enforced. Thus, the Rule 11 letter will bear the signature block of, and be signed by, your attorney and not by you, even “with permission.” See T.R.C.P. 11.

Responsibilities that require the competent professional judgment of the lawyer cannot be delegated. Permitting a non-lawyer employee to prepare and sign correspondence that threatens legal action or provides legal advice or both creates the appearance that the lawyer is not exercising his or her legal knowledge and professional judgment in the matter. See Georgia Formal Advisory Opinion Board, Op. 00-2 (2000).