It is unethical for opposing lawyers to request a prior restriction of the right to freedom of expression as a measure of the client`s comparison, as this would harm the lawyer`s advice to current and/or future clients (see abA-Model of Professional Conduct, Rule 5.6(b), tinyurl.com/7j8at7g; District of Columbia Bar, Ethics Op. 335, tinyurl.com/8tl4fhr; South Carolina Bar, Ethics Advisory Op. 10-04, tinyurl.com/9p4j3fe). The best general rule would be that the applicant`s lawyer never signs a settlement agreement. Finally, it is not the lawyer`s settlement agreement because it is not the lawyer`s request that is involved in the case. In some disputes, both parties may, for one reason among many, decide to settle their case. It is common for either party to want a confidentiality clause to be included in the transaction agreement. The purpose of a confidentiality clause is to limit the disclosure of certain parts of the case. Before agreeing to a confidentiality clause, talk to a lawyer to understand the different options and consequences. According to the guidelines, “a worker cannot decide whether to enter into an agreement until he or she has obtained independent advice. Therefore, the employer should bear the worker`s costs, even if, after receiving the advice, the worker considers that the conditions are ultimately unacceptable and that he or she reasonably decides not to sign the agreement. “This is not the usual practice, with most employers expressly confirming that there are no fees to pay unless the agreement is reached. The transaction agreement contained a confidentiality clause that prohibited the employee from disclosing the terms of the transaction.
The employee told his daughter about the transaction that violated the agreement, and when her daughter posted about it on Facebook, the employer refused to pay the transaction amount citing the violation of the settlement agreement. . . .