Settlement Agreement Best Practices

• Add a provision proving the voluntary and informed consent of all parties, including an agreement that each party conducted its own investigation of the facts, fully disclosed all known essential facts and consulted with independent counsel. (See Levy v. Superior Court (1995) 10 Cal.4th 578, 583; Code Civ, §1565.) For example, Ohio largely limits a lawyer`s ability to agree to restrict their law firm. In this state, a lawyer is prohibited from “proposing or entering into” an agreement that limits the lawyer`s right to practise. This means that if a lawyer accuses a case on behalf of his client, there can be no agreement that limits the future practice of that lawyer. This rule applies even when the restrictive language is not explicit, but effectively limits the lawyer`s legal practice. . . .