I recently agreed to settle a legal malpractice claim for less than 10 cents on the dollar to my damages because Defendant's insurance policy is so inadequate. (Plaintiff's "Expert Report" on this attorney's conduct was 100% damning. ) After I accepted this poor offer, her attorney drafted the settlement, and, without prior discussion or negotiation, put in clauses requiring "confidentiality" as to amount, terms, and conditions of settlement and requiring "non-disparagement". Is "confidentiality" as to amount, terms, and conditions "usual and customary"? Isn't "non-disparagement" "usual and customary" only when it benefits both sides, like in employment litigation? Doesn't it have a monetary value to a malpractice plaintiff? Must I have these terms forced upon me without compensation?
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