Are there provisions that should be prohibited in settlement agreements?

Under two provisions of the Model Rules for Professional Conduct – Rules 3.4 (f) and 5.6 (b) – these attempts are prohibited. Plaintiffs’ attorneys have an ethical duty not to agree to them. 2

Can a plaintiff be asked to sign a settlement agreement?

By settling an existing lawsuit, a plaintiff does not, and cannot be asked to, surrender her First Amendment rights to make any statements about the defendant. The only governor on those statements is a potential action for defamation, but such actions are very difficult to win.

What does ” known or unknown ” mean in settlement agreement?

Sometimes the language of a general release goes as far as to release any claims “known or unknown.” Whether you want a specific or general release (known or unknown) depends on which side of the table you are sitting.

Do you want to be on the receiving end of settlement agreements?

You do not want to be on the receiving end of a settlement agreement that turns out NOT to be the deal you (and the CEO or Board) thought you had to end the litigation.

What are the terms of a settlement agreement?

1. In exchange for complete resolution of this matter, Defendant shall pay to Plaintiff [Settlement amount in numbers and spelled out].

Who are the parties in a mutual release and settlement agreement?

This Mutual Release and Settlement Agreement (“Agreement”) is entered into between the following parties (“the Parties”): Plaintiff [Plaintiff Name] (“Plaintiff”), and defendant [Defendant Name] (“Defendant”). Plaintiff filed a civil action against Defendant, [County Name] County Superior Court Case Number [Case number] (the “Civil Case”).

Under two provisions of the Model Rules for Professional Conduct – Rules 3.4 (f) and 5.6 (b) – these attempts are prohibited. Plaintiffs’ attorneys have an ethical duty not to agree to them. 2