Opinion No. 335 of the District of Columbia Bar’s Legal Ethics Committee
Topic: “Whether a Lawyer May, as Part of a Settlement Agreement, Prohibit the Other Party’s Lawyer From Disclosing Publicly Available Information About the Case”
Committee’s Summary:
“A settlement agreement may not compel counsel to keep confidential and not further disclose in promotional materials or on law firm websites public information about the case, such as the name of the opponent, the allegations set forth in the complaint on file, or the fact that the case has settled. Such conditions have the purpose and effect of preventing counsel from informing potential clients of their experience and expertise, thereby making it difficult for future clients to identify well-qualified counsel and employ them to bring similar cases. By diminishing the opportunity for the lawyer to represent future clients in similar matters, such conditions violates D.C. Rule 5.6(b), which prohibits lawyers from offering or making a settlement agreement that restricts a lawyer’s right to practice. A settlement agreement may provide that the terms of the settlement and other non-public information may be kept confidential, but it may not require that public information be confidential.”
Rules: 1.2 (Scope of Representation); 1.6 (Confidentiality); 5.6 (Restrictions On Right To Practice); 7.1 (Communications Concerning a Lawyer’s Services)
The full text is available at http://www.dcbar.org…