Professional negligence solicitors insist on confidentiality agreements
July 14, 2010
Posted by:Stephen Hill
When a negligent professional agrees to pay damages to a former client, he or she is increasingly likely to request that the claimant agrees to keep the existence and terms of the settlement confidential. This is an understandable and legitimate request but problems are being caused when the professional’s legal advisors fail to make the “confidentiality clause” an explicit part of the agreement. Increasingly, the clauses are being included in written 'settlement agreements' or Court Orders which postdate the real agreement and go beyond its terms.
The problem for us is that there is no reason why we should advise our clients to vary the settlement in this way. Confidentiality agreements are in fact quite onerous and restrict litigant’s freedom to discuss the case with anyone, including close family and friends. At Bolt Burdon Kemp we usually insist that the Claimant is financially compensated for this inconvenience.