Litigation & Arbitration,
Civil Litigation,
Law Practice,
California Courts of Appeal
Aug. 21, 2018
Form over content when it comes to confidential settlements
An appellate court weighs in on a settlement agreement included a confidentiality clause stating the parties and counsel would keep the terms confidential.
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
The parties in a wrongful death action reached a settlement and reduced it to writing. The settlement agreement included a confidentiality clause stating the parties and counsel would keep the terms confidential. Plaintiffs' counsel signed the agreement "approving as to form and content," and then gave an interview to a reporter who published an online article about the case. Did the attorney violate the confidentiality provision? Evidently...
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