Agency + Ratification = Liability (UPDATED)
November 26, 2023Wakefield, a party to a civil lawsuit, disputed a judgment against him in favor of Rubio, forensic expert retained by his counsel in that lawsuit. Wakefield argued that no evidence established a contract between him and the expert. But the identify of his counsel was undisputed (thus providing some evidence of agency), and additional evidence showed that he ratified his counsel’s dealings with the expert, establishing that he chose to proceed:
… after (1) learning Tadlock engaged Rubio to perform expert services with respect to his case, (2) understanding how important the admissibility of evidence from the watch was, (3) personally delivering the watch to Rubio, (4) instructing Rubio to do as his attorney instructed, and (5) learning upon his arrival at the courthouse for his hearing that Rubio’s bill was approaching $10,000.
Wakefield v. Rubio Digital Forensics LLC, Nov. 21, 2023 (mem. op.).