Recording pre-issue settlement

Topic preview

1. 01

   Choose Settlement Form

   A client says the other side has agreed to settle before proceedings start. Talk through which form you would suggest first: a simple written settlement, a consent order, or a Tomlin order, and why.

2. 02

   Write the Key Terms

   List the minimum terms you would want in writing to avoid later dispute over the settlement.

3. 03

   Agreement or court order

   If the other side misses the payment date, what practical difference does it make whether the deal is only a settlement agreement or is embodied in a court order?

4. 04

   Emails Are Not Orders

   A client thinks a chain of emails is automatically enough to create a court order. How would you correct that advice in one minute?

5. 05

   Draft Clear Release Terms

   What drafting points would you add to make sure the settlement cannot later be attacked for ambiguity about what claims are being released?

6. 06

   When Tomlin Orders Help

   When would you tell a client that a more formal order is safer than a simple agreement, even if the claim is not especially large?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.