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. Read more »
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. Read more »
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. Read more »
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. Read more »
Expert witness can testify on ultimate issues in negligence case This following complimentary form or article is a result of our mission statement: “Making Good Lawyers Better.” Thank you for being a lawyer! Prepare your expert witness to answer three ultimate questions. Use this three pattern question formula in most negligence cases. This article is part of the LawyerTrialForms™ program of “Making Good Lawyer’s Better.” […] Read more »
Emailing client at work Emailing client’s at their workplace – Your specific duty to give specific advice Do you routinely advise a client who is employed not to use his/her employer’s email service or company issued smartphone to communicate with you? If your answer is “no” you can be in trouble. A client who loses the protection of the […] Read more »
Electronically Stored Information: spoliation prevention This following complimentary form or article is a result of our mission statement: “Making Good Lawyers Better.” Thank you for being a lawyer! Note: a form with five pages of advice for you, and then a three page form letter to your client, is available here. “Judge imposes sanctions on client because attorney failed to […] Read more »
Discovery of expert’s communications with attorney This following complimentary form or article is a result of our mission statement: “Making Good Lawyers Better.” Thank you for being a lawyer! Discovering the private communications between an adverse expert and the retaining attorney. In federal court, effective 1 December 2010, Federal Civil Rule 26 prevents discovery of most conversations and communications that experts […] Read more »
Claim for first-party insurance claims preparation expense This following complimentary form or article is a result of our mission statement: “Making Good Lawyers Better.” Thank you for being a lawyer! First-Party Insurance Claims: Recovering Preparation Expense. Most attorneys, in presenting an insurance claim against their client’s own insurer, don’t use a coverage contained in many policies of casualty insurance: the Claims Preparation […] Read more »
Avoid use of “All” in ESI discovery requests and disclosures In ESI discovery, don’t say “all” Responding to requests for discovery: the greatest risk of unintentional mis-certification of what has been produced by you to the adverse party is the use of the word “all.” Requesting discovery, using the word “all” generates cost-driven objections. Plus you do not want tons of “all”. § 1. “All” […] Read more »
