Revealing the settlement talks over email

[vermont]

What is the name of your state (only U.S. law)? FL

I have settlement discussions over the phone with the opposing council (the settlement discussions took place based on mutual interest of both the parties). Before the talks begin, the opposing council stated that the settlement talks are confidential. Finally, the settlement talks failed. Now, the opposing council is emailing me accusing that I accepted my guilty during those settlement talks (I never accepted guilty) and also revealing (by email) some discussions that took place during the settlement talks. Is it legal for the opposing council to reveal any part of the "confidential" settlement talks (or false information about the settlement talks) over the emails?


Whether the opposing council or I can use any matter that was discussed in the settlement talks in this case?

 

[quincy]

What is the name of your state (only U.S. law)? FL

I have settlement discussions over the phone with the opposing council (the settlement discussions took place based on mutual interest of both the parties). Before the talks begin, the opposing council stated that the settlement talks are confidential. Finally, the settlement talks failed. Now, the opposing council is emailing me accusing that I accepted my guilty during those settlement talks (I never accepted guilty) and also revealing (by email) some discussions that took place during the settlement talks. Is it legal for the opposing council to reveal any part of the "confidential" settlement talks (or false information about the settlement talks) over the emails?


Whether the opposing council or I can use any matter that was discussed in the settlement talks in this case?

Email communication is not the most private or secure means of communication.

What has been discussed in previous talks of settlement should not be disclosed to others - but what has been previously discussed can be referred to in continuing talks when trying to reach an agreement.

Here is a link from the American Bar Association on ethical guidelines for attorneys in settlement negotiations:
http://www.americanbar.org/content/dam/aba/migrated/2011_build/dispute_resolution/settlementnegotiations.authcheckdam.pdf

 

[vermont]

I appreciate Quincy.

Therefore, the opposing council has no right to discuss any of these settlement talks to anyone (by email or phone or writing or any other means) except to me, my attorney, and his client. Is it correct?

If they secretly record the talks and show to the judge to convince the judge that I am wrong then what are the consequences?

 

[quincy]

I appreciate Quincy.

Therefore, the opposing council has no right to discuss any of these settlement talks to anyone (by email or phone or writing or any other means) except to me, my attorney, and his client. Is it correct?

If they secretly record the talks and show to the judge to convince the judge that I am wrong then what are the consequences?

The opposing counsel can disclose what is discussed in settlement talks as allowed by his client, absent any confidentiality agreement covering the settlement talks.

Florida recording laws require that both parties to a conversation consent to the recording. Here is a link to the law: https://www.rcfp.org/reporters-recording-guide/state-guide/state-state-guide/florida

The attorney should not be engaging in ex parte conversations with the judge.

Have you sought assistance from an attorney in your area? That would be smart.

 

[vermont]

Thanks Quincy.

The opposing council’s office is in Florid and I called his office number and they connected to him and we talked. I asked him where he is now and he said that he is in his office in Florida.

If he secretly recorded them (if he was not in Florida when I called: then he must be telling a lie when I asked about his location) then can he use the recordings for their own gain (not necessarily revealing them to the judge)?

 

[Ohiogal]

Quincy, I think I disagree somewhat based on where I think the OP is going.

While not confidential, it is in no way ADMISSIBLE to prove anything under Florida Rules of evidence. While it can be discussed in emails and such, it can not be used as evidence.

§ 90.408. Compromise and offers to compromise.



Florida Rules

Florida Evidence Code



As amended through April 1, 2014


§ 90.408. Compromise and offers to compromise


Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.

 

[quincy]

Thanks Quincy.

The opposing council’s office is in Florid and I called his office number and they connected to him and we talked. I asked him where he is now and he said that he is in his office in Florida.

If he secretly recorded them (if he was not in Florida when I called: then he must be telling a lie when I asked about his location) then can he use the recordings for their own gain (not necessarily revealing them to the judge)?

No, the attorney cannot use the recordings if either he or you were in Florida. He could not even MAKE the recording legally if either he or you were in Florida.

Ohiogal, I was not talking about admissibility as evidence. We are not disagreeing, just talking about different things.


edit to add: I can see where clarification of an earlier statement I made would have been good, though.

 

[vermont]

Thank you for your replies.

 

[quincy]

Thank you for your replies.

You're welcome, vermont. And thank you for the thanks. We always appreciate them.

I hope you are able to reach a fair settlement in your case.