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Confidentiality Clause for a Claims Release or Settlement Agreement

Every lawyer should have access to a good confidentiality clause to use when it is needed during settlement negotiations.

You may be the one proposing that the terms of the settlement or claims release be kept confidential, or you may be the one who has to be ready with a counter-proposal form.

Mutual General Release of All Claims

A broad legal form with severable clauses that are negotiation tools, but stands also as a broad release draft at settlement closing.

Use this extremely broad general release form as a settlement tool during negotiation; then use again to close the settlement that has been negotiated. This mutual general release even has portions which release “all claims” of not only your adversary party, but also the “all claims” of your own client!

During bargaining, you can advance each of the separate (severable) clauses that as additional negotiation points, e.g., a confidentiality clause.

Release of Claims Against Insurer; Cancel Insurance Policy

When you enter the settlement conference with this form release in your briefcase, you will know your client insurer will recognize this as covering all the bases to protect them.

A complete release of claims for an insurer from a plaintiff claiming he/she/it suffered a contract breech by the insurer, or there was a misrepresentation during the sale of the policy, or a failure to insure, or that a tort (including negligence or bad faith) occurred during issuance, performance, or the process of policy claims.

Letter to Witness re Case Closed

Tell every one of your witnesses that was prepared to testify — especially a subpoenaed one — that a case has been closed. If you don't — especially if they wind up at the courthouse ready to testify — you raise questions about your competence and your courtesy.

Give the courtesy of a letter of thanks to each of your witnesses and add to your network of persons who may recommend you.

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