Attorneys of record have apparent authority to enter into agreements on behalf of their clients in civil actions. Oral agreements, if established, are enforceable.
Rule 4.12.Binding Authority
Rule 4. ATTORNEYS APPEARANCE, WITHDRAWAL AND DUTIES · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 4.12 gives an attorney of record apparent authority to make agreements on a client’s behalf in a Georgia civil action, and makes an oral agreement between counsel enforceable even though it was never written down.
Full Text of Rule 4.12
Plain-English Summary
Rule 4.12 answers a question that comes up constantly in litigation: when a lawyer says “we agree” to opposing counsel, does that bind the client? In Georgia civil actions, the answer is yes. An attorney of record carries apparent authority to enter into agreements on behalf of the client, so opposing counsel and the court can rely on what that attorney says without independently confirming the client signed off.
The rule goes a step further by covering agreements that were never written down. If an oral agreement between counsel is established — meaning it can be shown that it was in fact made — it is enforceable just as a written one would be. That makes the record of what happened at a hearing, a phone call, or a hallway conversation between lawyers something a party may later be held to.
Frequently Asked Questions
Can an attorney of record bind a client to an agreement in a civil case?
Yes. Attorneys of record have apparent authority to enter into agreements on behalf of their clients in civil actions.
Does an agreement between counsel need to be in writing to be enforced?
No. Oral agreements are enforceable if established.
What does a party need to show for an oral agreement between attorneys to be enforced?
That the agreement was established — that is, that it was in fact made.
Does Rule 4.12 apply outside of civil actions?
The rule addresses apparent authority “on behalf of their clients in civil actions,” so it is framed around civil practice.
What does “apparent authority” mean under this rule?
It means the attorney of record is treated as authorized to make agreements for the client, so the other side and the court can rely on the attorney’s word.
Amendment History
Amended effective October 9, 1997.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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