Legal Definitions - warrant to sue and defend

A warrant to sue and defend is a formal authorization, typically in written form, given by a client to their lawyer. This document grants the lawyer the explicit power and permission to act on the client's behalf in a legal matter. Specifically, it authorizes the lawyer to either initiate a lawsuit (to "sue") or to represent the client in response to a lawsuit (to "defend"). Essentially, it's the client's official consent for their attorney to undertake all necessary legal actions to represent their interests in court and other legal proceedings.

• Example 1 (Initiating a Lawsuit):

  A small software development company, "CodeCrafters Inc.," discovers that a former employee has stolen their proprietary algorithms and used them to start a competing business. The CEO of CodeCrafters decides to take legal action to protect their intellectual property.

  Illustration: Before their chosen attorney can officially file a lawsuit against the former employee for intellectual property theft, the CEO signs a formal document. This document serves as the warrant to sue and defend, explicitly authorizing the attorney to commence legal proceedings, file all necessary court documents, and represent CodeCrafters Inc.'s interests throughout the litigation process.

• Example 2 (Defending Against a Lawsuit):

  Mr. David Chen receives a legal summons indicating he is being sued by a contractor for alleged unpaid services following a home renovation project. Mr. Chen believes the work was incomplete and faulty, and he decides to hire an attorney to defend him.

  Illustration: To formally engage his chosen attorney and empower them to act on his behalf in court, Mr. Chen signs a warrant to sue and defend. This authorization allows his attorney to file a formal response to the contractor's lawsuit, present Mr. Chen's defense, negotiate potential settlements, and appear in court to protect his interests against the claims made.

• Example 3 (Corporate Authorization):

  A large manufacturing corporation, "Global Motors," is facing a class-action lawsuit from consumers alleging a defect in one of its popular vehicle models. The company's board of directors decides to mount a robust legal defense.

  Illustration: The board of directors passes a formal resolution, which acts as the warrant to sue and defend. This resolution officially authorizes the company's general counsel and the external law firm they've hired to represent Global Motors in the class-action lawsuit. It grants the legal team the authority to file motions, conduct extensive discovery, engage expert witnesses, and present the company's defense in court, ensuring all legal actions taken are officially sanctioned by the corporation.