General Question

noelasun's avatar

How to word an out of court settlement (details inside)

Asked by noelasun (1894points) October 22nd, 2009

My co-worker was sued, and before the court date, made an agreement with the Plaintiff’s attorney to settle everything out of court for a sum of money.
This has been a verbal agreement so far, and my co worker wants to have a written agreement saying that the plaintiff will not pursue this case any longer.

Is there a standard form that he can fill out and have the other person sign that fulfills these objectives?
If not, what/how should he write it? can you point me to an example?

(His lawyer is unreachable, and he’s feeling uneasy)
Only serious answers please, seeking professional knowledge.

Much appreciated!

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8 Answers

poisonedantidote's avatar

Well, im not too sure how this kind of thing works. just make sure that he does not give them any writen type of apology. if you apologise you are admiting liability and then they will totally take you to court for more as it is admision of guilt.

just make sure there is nothing in there that could be interpreted as acceptance of blaim.

note: this is my personal unqualified opinion and not legal advice

MrItty's avatar

If his lawyer is “unreachable”, he needs a new lawyer. This isn’t the kind of thing you want to do on your own, nor is it something you want to do with help from the Internet. You need a legal professional. Fire the guy who isn’t responding, and get a new one, quick.

noelasun's avatar

@MrItty He knows he needs legal (professional) help. we’re working on that. This is a just in case, in the meantime measure.

Suggestions about an example or ready forms, please.

SpatzieLover's avatar

@noelasun There are no legal experts that I know of in Fluther. If there were thet’d most likely repeat what @poisonedantidote & @MrItty wrote above.

I saw your question, and passed it by shaking my head while internally saying, “That’s a question a paid legal adviser should be asked.”

MrItty's avatar

@noelasun You’re not listening. No one can give you an “example” or “ready form” that applies to your situation. If such things existed, there would be no need for lawyers. Individual legal situations are too complex to allow for such gross generalizations, and if you attempted to use such a thing, you would likely be opening yourself to a world of legal and financial dangers.

noelasun's avatar

I am too listening! (protest)
There have been forms that I’ve been working on for him so far, filing answers and so forth.
They were the proper response, and have been so far. (the law suit was in the form of one of these general forms.) <no pun intended>
The lawyer is (we hope, and was at last communication) taking care of this. But the time the plaintiff is supposed to contact him is approaching, and for peace of mind, he is trying to find a written contract? agreement? that basically acknowledges that the existing verbal agreement… exists.
(which, I admit, is a lot less ambitious than my fluther question is, but I figured if I wanted solid answers, the question should be ambitious)
never was I advising “OH! you don’t need a lawyer, There’s this great website called fluther…” to my co-worker.
Thanks for the worry, but rest assured, my co worker’s financial future does not reside with my favorite fluther answer. =P

Judi's avatar

There should be language in it that states that it is not an admission of liability, but a settlement only and that it is full and final payment. The reciever shall furthermore hold the giver harmless of any and all liability resulting from (describe the incident and date) henceforth. I am not an attorney. Just a person who has had to work with a lot of contracts.

noelasun's avatar

Thanks everyone!
I went for contract terminology and the plaintiff also agreed to wait until Friday (today) to go over everything with both attorneys.
Happy Ending, Yay!

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