23rd Annual Legal Malpractice & Risk Management (LMRM) Conference

Featured Session:

Closing the Deal: Drafting and Enforcing Settlement Agreements
Thursday, March 7 | 9:15 - 10:05 AM

Moderator: Robert M. Buchholz, Partner, Hinshaw & Culbertson LLP

Panelists:

• Edith Matthai, Mediator & Arbitrator, JAMS
• Michael P. Ashcraft Jr., Partner, Plunkett Cooney, PC

Whether it’s before or after trial, the vast majority of legal malpractice cases settle, and when they do, lawyers need to be ready to negotiate, draft and (when necessary) enforce the settlement agreement. Not all settlement agreements are created equal, and protecting your client’s rights requires knowing which provisions must be in your agreement, which provisions present opportunities for concessions and modification, and which provisions can be excluded entirely. From prefatory clauses, recitals and definitions to representations and warranties, release provisions and confidentiality clauses, this panel will focus on drafting clear, concise, and complete settlement agreements, avoiding pitfalls for the unwary and enforcing an agreement if the other side does not honor the deal.