Article
A Handshake is Not Enough: Settlement Agreements under Rule 43(k)
South Carolina Lawyer
(2012)
Abstract
You have finally done it. After months of negotiating, you hang up the phone knowing that the big case you have been working on is finally settled. Opposing counsel has a great reputation, and you know you can trust his word. Even so, you immediately draft a letter memorializing the terms of your agreement and send it to opposing counsel. You are a little nervous about his client backing out, so you ask him to have his client sign it. He does, and sends it back to you. You think the deal is done.
Fast-forward several months, and the opposing party is running into obstacles trying to comply with the terms of the settlement. You ask opposing counsel to close the deal, and you get nothing but excuses. After several more months, you hear from opposing counsel that the deal is off. You plan to move to enforce the settlement agreement. Is the agreement enforceable?
Keywords
- Settlement enforcement,
- South Carolina Rules of Civil Procedure,
- Rule 43(k)
Disciplines
Publication Date
July, 2012
Citation Information
Erica B. McElreath. "A Handshake is Not Enough: Settlement Agreements under Rule 43(k)" South Carolina Lawyer Vol. 24 Iss. 1 (2012) p. 26 - 31 ISSN: 1044-4328 Available at: http://works.bepress.com/erica-mcelreath/2/