Browsed by
Category: Settlement

EVIL MOST OFTEN OCCURS IN THE DARK – THE EVIL OF SECRECY IN OUR JUDICIAL SYSTEM

EVIL MOST OFTEN OCCURS IN THE DARK – THE EVIL OF SECRECY IN OUR JUDICIAL SYSTEM

Over the past 25 or 30 years my policy was to reject confidentiality as an imposed condition of settlement. Our settlement agreement memorandum contained the following language: “Neither the plaintiff nor his or her attorneys agree to any secrecy confidentiality restrictions regarding any aspect of this case or settlement. It is understood that nothing shall be considered secret or confidential regarding this case or settlement.” Over the years I have been questioned regarding this policy not just by defense attorneys…

Read More Read More

SETTLEMENT AGREEMENT MEMORANDUM

SETTLEMENT AGREEMENT MEMORANDUM

It didn’t take me many mediations or settlement conferences to figure out that if I didn’t get  it in writing when the deal was made there would be problems. Call it buyers remorse or just lawyers being lawyers  there would be proposed revisions and issues raised we never discussed or had already resolved. If you allowed the other side or the mediator  to try to put the deal in writing it took too long and it opened the door to…

Read More Read More

PARALEGAL CHECKLIST FOR SETTLEMENT DEMAND PROCEDURE

PARALEGAL CHECKLIST FOR SETTLEMENT DEMAND PROCEDURE

I think   plaintiff lawyers should  have written check  lists for almost every step or  procedure they follow in processing cases to avoid mistakes. Here is an example of a check list for a paralegal to follow in preparing the attorney for settlement  negotiation and attorney demand procedure. The paralegal can do a lot to assist  the lawyer in starting  the settlement negotiation process. .                                …

Read More Read More