A bill to limit secret settlements in civil cases involving substantial bodily injury is headed for the California state assembly. How would a law like this in your jurisdiction affect your ability to reach a settlement?

Terry M. Womac, Phillips & Akers, Houston
It could negatively impact some settlements. It is not the purpose [of settlements] to decide liability, and a defendant might feel that publicity would give the consumer an advantage and actually proliferate lawsuits against them. Confidentiality often promotes a settlement, and to force the defendant's hand like that could be a detriment to resolving cases by settlement.

Robert W. Harrison, Neil, Dymot, Brown, Frank & Harrison, San Diego
It has the potential to make settlements more difficult to achieve and creating more litigation because others will make the same allegations. Defendants want to settle a claim without encouraging more litigation. A judge should be able to determine if a settlement should be confidential or not on a case-by-case basis. I don't think this legislation would allow for any discretion by the court.

Robert Marcus, New York State Trial Lawyers Association
The New York State Trial Lawyers Association believes lawyers and the public have a right to know the facts. Confidentiality does a disservice to the public, except in cases where discretion is required. I can understand it in family court matters but not in personal injury. It shields the repetitive wrongdoers.

Tom Herald, Herald and Moore, Fort Worth, Texas
On big cases, it would have an effect because plaintiff attorneys ask what these cases are going for. Companies get really concerned that a settlement become evidence in another case and that it will lead to a snowball effect.

Brent S. Freefield, Jim S. Adler & Associates, Dallas
I strongly favor a law like this for several reasons. I like to read about settlements in my jurisdiction with liability facts and damages similar to cases I litigate. This helps me evaluate cases that I have. Also, publishing settlements keeps defendants honest. If a defendant motor carrier knowingly hires and retains drivers with drug or alcohol problems, or allows them to violate safety regulations, we should inform the media of this conduct. For many of my clients, letting the public know about a defendant's misconduct is as important as the settlement recovery itself.

There is also a valuable marketing benefit to publishing a good settlement. It leads to new referral business.

John T. Wisell, Kew Gardens, N.Y.
I am completely opposed to confidential settlements. We live in a democracy and everything should be out and above board. Knowledge about how cases are resolved is paramount to an open and free society.

Robert L. Grove, Jr., Grove, Ehlinger & Deaderick, Austin, Texas
A bill that prevents confidentiality agreements would change my practice since I represent defendants, most of whom insist on such agreements in major cases. However, I don't believe that such a law would significantly reduce settlements.

Robert S. Shepard, Barry Bartholomew & Associates, Glendale, Calif.
I won't be affected much because although I represent insurance companies, I don't handle products liability cases. I would imagine that it would make it more difficult for big manufacturers to settle.

Nick Gjelaj, Perecman & Fanning, New York
I don’t think it will limit my ability to settle if it’s a labor law case. But if its a medical malpractice or products liability case, it would because I want my fellow plaintiffs attorneys to know that the doctor or manufacture settled for X amount of dollars. That way they can see how bad a doctor or product it is.