Is a Settlement Agreement Privileged

When it comes to legal matters, the term “privileged” is often used to describe information that is protected and cannot be disclosed in court or to third parties. But, what about settlement agreements? Are they privileged?

The short answer is that it depends on the type of settlement agreement and the circumstances surrounding the agreement.

First, it`s important to understand what a settlement agreement is. In general, a settlement agreement is a contract between two parties that resolves a dispute out of court. This agreement usually involves an exchange of money or other consideration, and the parties agree to release each other from any further claims related to the dispute.

When it comes to privilege, there are two types of settlement agreements to consider: those that are subject to attorney-client privilege and those that are not.

Settlement agreements that are subject to attorney-client privilege are those that are negotiated and entered into with the assistance of an attorney. In these cases, communications between the attorney and their client regarding the settlement agreement are privileged and cannot be disclosed in court.

However, settlement agreements that are not subject to attorney-client privilege are those that are negotiated without the assistance of an attorney. In these cases, the settlement agreement itself may not be privileged, but any communications leading up to the agreement may be.

It`s also important to note that even if a settlement agreement is privileged, there are circumstances where it may be waived. For example, if one of the parties to the agreement discloses information about the agreement to a third party, the privilege may be waived.

In conclusion, whether a settlement agreement is privileged depends on a variety of factors, including whether an attorney was involved in the negotiations and the circumstances surrounding the agreement. If you are involved in a dispute and considering a settlement agreement, it`s important to consult with an experienced attorney to fully understand your rights and obligations.