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I am looking to find out if there is specific case law, statutes or authority in Illinois law to the following question

Chicago, IL |

Is it against public policy or not enforceable as a matter of law
to sign a settlement agreement that prohibits one party
from ever contacting their family again (especially
if that party did not catch that clause in the agreement to begin with)
Further what if the party's attorney also rushed them into
signing the agreement. Again is there authority to
strike this agreement or rescind it?

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Attorney answers 5

Posted

This series of questions will take hours to research. Hire a lawyer to satisfy yourself about the answers.

Asker

Posted

not helpful

Posted

Obviously there is a lot more to this situation than this forum would allow you to include. In addition, without seeing the agreement or knowing the background, it is impossible to provide a useful answer. The fact that you missed the clause, and your attorney did not adequately explain the agreement to you is probably not sufficient to allow you to strike or rescind. I would suggest discussing your concerns with your attorney, and if you do not receive satisfactory answers, have a different attorney review the agreement and discuss your options with you.

By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

Asker

Posted

I have done so attorney was not representing my best interest this was a settlement agreement on a will contest and this no contact clause with the other beneficiary was in contradiction to his representation of family reconciliation but his attorney snuck in that no contact clause which they have been trying to enforce now. again an ILL attorney I have consulted with advised me no contact with ones family was against public policy but did not provide me any authority as well as stated there are cases out there that attorneys that rush clients into signing agreements are not enforceable if some one knows anything about this issue please respond, thank you

Posted

You have commented that other answers are not helpful, but what you were looking for are answers to complex questions. This is a simple online Q&A forum and is not set up for detailed free legal advice. If you wish to know the answer to all your questions hire a new attorney to help you with your research.

Asker

Posted

RU the adimn for this forum? If not then who are you to say if this question in not proper for this forum it is meant to be directed to attorneys who already have had the experience and know the law in this area

Judy A. Goldstein

Judy A. Goldstein

Posted

You are not in fact entitled to any answer at all. My colleagues furnished you answers and you stated they were not helpful. Go find a lawyer and pay for advice. We are volunteers here and no one is entitled to extensive legal services merely by asking questions. As previously stated by counsel, "Hire a lawyer to satisfy yourself about the answers."

Posted

Nobody sneaks anything into a stipulation of settlement. It behooves the person signing to read carefully that which is above his or her signature. The only way something is "snuck into" an agreement is if a signatory is either willfully or negligently ignorant.

I don't know the definitive answer to your public policy question, however, people terminate parental rights everyday, essentially forcing upon the child the condition that the child never see the natural parent. That is not void as against public policy. Similarly, restraining orders and stay away orders mandate no contact, often with members of ones own family. Those orders are not void, either. Now, when there is a consent Order that mandates no contact between adults in the same family, I am not sure how substantively different that is from a restraining order. Obviously they are quite different procedurally, however, the net effect is the same: no contact.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

Asker

Posted

yes this is an agreement between adults - father and son and unlike a restraining order which the party being restrained this clearly is not the case as the party (father) represented not only to his son at the time of the agreement signing that if he signed they would reconcile but also to the judge of the same, therefore the son was tricked into signing this as well as rushed due to time constraints by the attorney. also this no contact clause unlike a restraining order has no term. if someone has experience in these matters please reach out. thank you

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

the clause you are asking about is an extraordinary measure. it is unlikely anyone is going to have had direct experience with such a condition. as noted in other answers, the research necessary to render some sort of opinion will take several hours and is beyond the scope of this forum. we have tried to give you some guidance, but you will probably have to bite the bullet and hire an attorney. one question: if your father (or son) is so set on no contact that he put it in writing in a durable agreement, why are you looking to fight it so. toward what end. even if there's no clause in the agreement, he's still not going to want to see you. I envision this whole thing ending in a restraining order.

Asker

Posted

answer: because I was tricked by him (father) as during settlement he represented if I signed I was back in the family and he would share the wealth In reality he induced me to sign for a low ball number in order to get rid of me. Obviously if I had known this I would not have settled for 300% less than I was owed or gone to trial. Obviously I want nothing to do with him after this deception other than striking the clause so I can renegotiate my settlement. We do not even live in the same state and were estranged prior to the will contest so a TRO etc is not relevant. Again I signed under fraudulent misrepresentation of material facts

Asker

Posted

Here is an ILL legal option I received but again I need some authority I think you have a fair chance of having the provision regarding the no contact with you family modified in some way. Recently I had a case similar to this where a client did not read an agreement he signed. In researching the matter I found a case where an attorney rushed the client to sign the document and the court did not obligate the client under the agreement. I also think the provision is void as being against public policy because there is no time limit or purpose limit under the provision. You were also deceived by the dinner after the settlement. I would need to do more research to fully support the case, but my conclusion at this time is that it is worth pursuing. Of course you never know how a judge will rule no matter how good you think your case is.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

I understand now. you believe he cheated you out of an inheritance and you want no contact lifted so you can pursue other remedies. you are definitely going to need to retain a lawyer.

Asker

Posted

I understand I will need to retain counsel at some point however I was looking for some authority here

Posted

Attorneys don't do free research--in part because it required in depth knowledge of ALL the facts and circumstance, not the bare bones facts posted here.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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