June 06, 2019 Top Story

Settlement’s Confidentiality Not Binding on Attorney

Signing as to form and content does not make attorney party to the agreement

By Kristen L. Burge

Contract terms do not bind attorneys when they sign only as agreeing to form and content. Unless an attorney signs as a party, no contract exists between the attorney and the aggrieved party.

In Monster Energy Company v. Schechter, an attorney and his firm argued successfully that they could not breach a settlement agreement when the attorney signed only as to form and content. Despite prevailing on this claim, the court cautioned attorneys against disclosing settlement terms.

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