An attorney and
counselor has authority:
(1) To bind his or her client in any of the proceedings in
an action or special proceeding by his or her agreement duly
made, or entered upon the minutes of the court; but the court
shall disregard all agreements and stipulations in relation to
the conduct of, or any of the proceedings in, an action or
special proceeding unless such agreement or stipulation be made
in open court, or in presence of the clerk, and entered in the
minutes by him or her, or signed by the party against whom the
same is alleged, or his or her attorney;
(2) To receive money claimed by his or her client in an
action or special proceeding, during the pendency thereof, or
after judgment upon the payment thereof, and not otherwise, to
discharge the same or acknowledge satisfaction of the judgment;
(3) This section shall not prevent a party from employing a
new attorney or from issuing an execution upon a judgment, or
from taking other proceedings prescribed by statute for its
enforcement.
[2011 c 336 § 57; Code 1881 § 3280; 1863 p 404 § 6; RRS § 130.]