Here’s what the Basic Release Packet will do for you:
- Saves you time and effort, with its format and boilerplate language that has carefully chosen wording for the release of claims.
- Provides you a separate discussion, for you to read, pointing out critical elements you need to consider. (The discussion of confidentiality clauses, including a tax implication, may alone be worth the cost of this inexpensive packet of forms.)
- Provides the structure of the release that is best for your client, so you cover separately each of the core elements that you need to consider, modify, add, or subtract from the settlement agreement.
- Warns you of the release that the other side is likely to think best for their client. You can be ready to negotiate and bargain about inclusion, modification, or rejection of the clauses they want.
- Gives you individual clauses that you can quickly cut and paste to put into a release in your own word processor.
What is the #SET1504 Basic Release Packet?
This group of eight forms starts out with two good general release of claims forms – one for the plaintiff to offer, the other for the defense to offer. Plus – for your ease in inserting them into forms submitted to you by your adversary, there are separate statements (separate forms) of some of the clauses which are contained in the basic forms. Specifically, this packet contains the following.
- #SET1505 The basic release form agreement that a plaintiff’s attorney would offer at the close of a successful settlement negotiation if only the amount has been agreed upon.
- #SET1506 The countering basic release form agreement that a defendant would ordinarily request at the conclusion of a successful settlement negotiation if only the amount has been agreed upon.
- #SET1511 Clause: Agreement that the terms of the settlement will be confidential.
- #SET1512 Clause: Release of all claims of any sort that could be made against the releasees, even for claims for injuries that releasor does not know exist.
- #SET1513 Clause: Recital that releasor is not releasing subrogation interests.
- #SET1514 Clause: Recital that “no fault” insurance coverage claims are not included.
- #SET1515 Clause: Indemnification against medical and government liens.
- #SET1516 Attorney’s certification statement.
These forms are designed so that, no matter which side of the case you are on, you can be ready, immediately after the close of a negotiation as to the dollars to be paid, with a release form you can offer as the release you expect to be signed. Without more specificity than just a dollar amount, there is not sufficient agreement to nail the settlement down, and close the negotiations. This packet arms you with what you need to present to the other side.
The problem is that often the negotiating attorneys agree upon an amount, but no other terms are agreed upon. Both sides blithely assume that “the usual” release will be signed by the plaintiff. The difficulty is that often both sides do not have the same concept of what is “the usual” release — which can result in the expected settlement coming undone, or a court enforcing an oral agreement to settle with what the court regards as “customary language”.
When you go to a mediation (or to a settlement negotiation where you expect you might reach agreement), take your laptop computer loaded with this basic release packet. In your laptop computer have a prepared release form ready to be printed out to present to your adversary. (Bring a cable to go from your laptop to a printer in the mediator’s office or other location of the negotiation). If your adversary presents you with a release form, and you want to add one of your standard clauses, you can use your laptop to show exactly what you want added to the release.
You can get the entire Basic Release Packet of forms and law discussion for the price of only $29.90.
