Settlement’s Confidentiality Not Binding on Attorney

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.