Louis Mangione

Innovations in Education, Inc.

Settlement Agreement Approved As To Form And Content

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According to the Court of Appeal, if a defendant wants to compel lawyers to keep the transaction confidential, the lawyer must be a contracting party. “But it seems pretty easy to design a settlement agreement that explicitly makes the parties` lawyers (if only for confidentiality) and expressly requires them to sign as such.” Unfortunately, we know that not all settlements become definitive. If the confidentiality clause binds only the applicant, he may be held liable for the breach if his representative (former lawyer) is the one who violates the confidentiality rule. The consequences can be devastating. The defendant may cancel the settlement and refuse to pay, on the grounds that the plaintiff`s offence renders it null and void and unenforceable, or may claim lump sum damages. Each of these acts will certainly trigger a counter-suit against the [former] lawyer for compensation or misconduct. Sometimes there is even a negotiation that contains specific wording in an employee memo or in a proposed joint press release, as well as an agreement on the publications that are informed of the transaction by whom. Copyright © 2019, American Bar Association. All rights reserved. Such information or portion thereof may not be copied, disseminated or downloaded or stored in an electronic database or in a call system, without the express written consent of the American Bar Association. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or guidelines of the American Bar Association, the Litigation Section, this committee, or the author`s employer….

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