Cain and Abel have decided to settle their case before it proceeds any further and causes them to expend more time and money. You have the previous information, including case caption, from the complaint and answer. Your supervising attorney has provided you with his final notes from the settlement conference and would like a settlement agreement and release drafted for his review. He has stressed that this document is of the utmost importance. He has provided you with two sample settlement agreements and requested you use these two samples to craft the settlement agreement for this client.
The information to be included is as follows:
- The name of the case, including case number
- Cain filed the action, Abel counterclaimed
- Both parties deny any wrongdoing on own part
- Neither party is to admit any wrongdoing or violation of any law
- Both Cain and Abel agree that this is the full and final settlement agreement, and are waiving any claims against each other, known or unknown
- Cain is to pay Abel $5000 for the defamatory statements made against him
- Both parties are to keep all matters regarding the case and settlement as confidential
- The settlement is the entire agreement
- Both Cain and Abel have agreed to 7 days to review the agreement and sign it–after signature by both brothers, the agreement will become effective
- Your supervising attorney proposes a “severability clause”
- The agreement can be executed in parts, so that Cain doesn’t need to sign the same piece of paper as Abel
- A non-disparagement clause, preventing Cain from making disparaging comments about Abel in the future
You should ensure that the document is grammatically correct, and free from any spelling errors.