Walker Law Corporation Articles

Civil Litigation Settlement Agreement

At any time either before or after a lawsuit is filed, a family court matter is pending, a probate proceeding has commenced, or a trust litigation matter is at issue the parties may enter into a voluntary Settlement Agreement to resolve some or all of the issues. Whether it is a complete or partial Settlement Agreement all of the parties must sign and submit the Settlement Agreement to the Court for entry of Judgment on all matters specified by the Settlement Agreement. CA Civ Pro Code § 664.6 See-CODE OF CIVIL PROCEDURE – CCP

A Settlement Agreement can be a useful tool to narrow the issues for trial and thereby eliminate unnecessary issues which the parties agree upon. A Settlement Agreement will reduce the time needed for the attorneys to prepare for trial, to conduct the trial and thereby result in cost savings to the parties and provide finality on the settled issues. A Family Court Settlement Agreement is governed by more stringent legal principles due to the party’s fiduciary obligations. (See Family Court Settlement Agreement) Likewise a Probate Settlement Agreement may also be governed by more stringent fiduciary duties depending on the parties to the pending probate matter. (See Probate Court Settlement Agreement) A Trust litigation Settlement Agreement may also be governed by more stringent fiduciary duties depending upon the parties involved. (See Trust Litigation Settlement Agreement) However, regardless of the forum a Settlement Agreement is always a good approach to resolving undisputed issues prior to trial. The procedure for obtaining a Settlement Agreement is similar to contract formation with several caveats.

The Settlement Agreement Must Be Signed by All Parties

Unlike the steps an attorney may take on behalf of the client that are incidental to the management of a lawsuit, such as making or opposing motions, seeking continuances, or conducting discovery, the settlement of a lawsuit is not incidental to the management of the lawsuit; it ends the lawsuit. Accordingly, settlement is such a serious step that it requires the client’s knowledge and express consent. (1 Witkin, Cal. Procedure (3d ed. 1985) Attorneys, § 194, pp. 221-222.) As we stated in Blanton v. Womancare, Inc. (1985) 38 Cal. 3d 396 [212 Cal. Rptr. 151, 696 P.2d 645, 48 A.L.R.4th 109]: ” ‘[T]he law is well settled that an attorney must be specifically authorized to settle and compromise a claim, that merely on the basis of his employment he has no implied or ostensible authority to bind his client to a compromise settlement of pending litigation. . . .’ ” ( Id. at p. 404, quoting Whittier Union High Sch. Dist. v. Superior Court (1977) 66 Cal. App. 3d 504, 508 [136 Cal. Rptr. 86].) Levy v. Superior Court, 10 Cal. 4th 578, 583

The Settlement Agreement Should be Drafted in a Clear and Concise Manner

Settlement negotiations are protected discussions and with limited exceptions are confidential under the California Evidence Code. See- California Code, Evidence Code A proper Settlement Agreement should include the following:

The terms of the Settlement Agreement should be clear to both parties including that the Settlement Agreement is and must be kept confidential.
The Terms of the Settlement Agreement should make it clear that confidentiality applies to the dispute between the two parties, the negotiations that followed and the ultimate Settlement Agreement entered as a Judgment in the court proceedings.
The Settlement Agreement should include language that specifies that breaking the confidentiality clause will be treated as a material breach of the Settlement Agreement.
The Settlement Agreement should include a liquidated damages clause that specifies what monetary damages must be paid if either party breaches.

Of course, there are limitations on the extent and scope of a confidentiality clause but those matters are beyond the scope of this article. For more details or to consult with the Law Offices of Sam Walker regarding your specific situation please use our contact form to schedule a free 15-minute telephonic consultation.

Have Questions On Civil Litigation Settlements in Los Angeles and Orange County?

Long Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Newport Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Sam Walker

sam@attorneysamwalker.com

(714) 943-2336

Areas Of Practice

Walker Law Corporation Articles

The Nuts and Bolts of a Civil Jury Trial

In Civil Litigation matters the parties have a right to a jury trial as opposed to family law and probate matters which proceed by a bench trial. A jury trial is different from a bench trial in that the ultimate issues of fact are decided by the jury instead of a judge. When you are involved in a civil litigation matter which proceeds to a jury trial there are several distinct stages of the process which will influence the outcome of the jury trial.

Understanding Jury Instructions

Prior to the trial attorneys for both sides will research the law and locate applicable jury instructions that they want the judge to read to the jury. These instructions may be offered to explain the burden of proof (Beyond a Reasonable Doubt – Clear and Convincing Evidence – Preponderance of the Evidence) to the jurors who will be applying these instructions to the facts of the case which they hear during the trial. Other instructions will be on the applicable legal issue such as the law of self defense or a particular real estate law or any other legal issue which the jury may need an explanation. The jury will apply only the laws as indicated in the jury instructions to the facts of the case in order to decide the outcome. Ultimately the Judge will decide which jury instructions will be read to the jury and whether those instructions will be given at the beginning or end of the trial. It is important to ensure that you have an attorney on your side who understands the significance of the process of selection of jury instructions and knows how to prepare those instructions that will further your legal position. To achieve a positive outcome, you need an attorney familiar with this phase of the jury trial process.

Understanding Jury Selection

The jury selection process is the phase of trial in which your attorney will interview/question potential jurors in the courtroom regarding topics that are applicable to the legal issues in question. The questioning will be designed to determine if any potential juror has an unacceptable bias about issues that are important to your case or has personal experiences or knowledge of circumstances which would be problematic for the juror to serve impartially on your jury. Each side will be given an opportunity to question the potential jurors and to make challenges for cause and/or peremptory challenges to remove certain jurors. Once both sides have had an opportunity to question the potential jurors and make any applicable challenges the judge will empanel the jury. The jury selection process is crucial, and we will approach this process in a professional manner based upon on our knowledge and experience.

Understanding Jury Deliberation

Once each side has presented all their evidence the judge will instruct the jury to deliberate and decide the outcome of the case. In the juror deliberation room, each member of the jury will be asked to provide their verdict on each of the legal issues based upon the facts shown at trial and the jury instructions provided to them by the judge. Once a sufficient number of jurors agree the juror foreman will certify their verdict.

Have Questions On A Civil Jury Trial in Los Angeles or Orange County County?

Long Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Newport Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Sam Walker

sam@attorneysamwalker.com

(714) 943-2336

Author: Web Master