Settlement Agreements

Preserving your client’s right to enforce the settlement agreement

Counsel should always strive to ensure continuing jurisdiction to enforce the settlement remains vested with the trial court

Ernie Long

From Issue: 2019 August

Provisions that should be prohibited in settlement agreements

Plaintiffs’ attorneys have an ethical obligation to protect the civil justice system by opposing confidentiality, non-disparagement and non-participation clauses in settlement agreements

James C. Sturdevant

From Issue: 2018 October

What to do when the settlement numbers you put on the case are miles away from the defense perspective

Jeffrey Krivis

From Issue: 2008 July

The use of qualified settlement funds at the end of a case

QSFs are useful to address conflicts of interest between multiple plaintiffs or attorneys in a case or to pay government liens

David Higgins

From Issue: 2023 December

Settling a minor’s lawsuit: A procedural and practical primer

Resist the pressure to wrap up a minor’s personal injury case quickly so all bases are covered

Kevin Urbatsch
Mercy Hall

From Issue: 2012 July

Putting teeth into your settlement agreement

If you’re not settling with an insurer, focus on getting paid without further litigation

David Cook

From Issue: 2014 February

Enforcing your 998 settlement

Careful crafting of the offer to compromise is key

John Kelley

From Issue: 2019 January

A minor compromise

Where the funds go when resolving a minor’s claim (minor's compromise) requires due consideration

Miles B. Cooper

From Issue: 2017 February

Using the Memorandum of Understanding as a draft settlement agreement to streamline settlement

Drafting an MOU at the beginning of negotiations gives you the control of the discussion that follows in the mediation

Jeffrey Krivis

From Issue: 2008 October

Special Needs Trusts: How to keep your win from becoming your client’s loss

Avoiding great hardship for a client who receives certain public benefits requires careful planning

Kevin Urbatsch

From Issue: 2008 April

Settlements: What could go wrong?

The devil really is in all the details of the settlement agreement

Nancy Neal Yeend
David Gordon

From Issue: 2018 October

Never settle for a simple settlement agreement

Don’t let a defective settlement agreement imperil all of your work

Karen Stromeyer
Timothy Halloran

From Issue: 2012 October