Rule 3122 Oral Agreements

If two lawyers make a verbal agreement about a case outside of court, the appeals court will not honor that agreement if one of the lawyers later disputes it. The court has no way to verify what was actually said or agreed to.

For an oral agreement between lawyers to count, it must be made in open court while the judge is actively handling that matter. Anything said in a hallway, over the phone, or in private will not be enforced if there is a disagreement later.

The safest approach is to always get agreements in writing. This protects everyone involved and avoids disputes about what was or was not agreed to.