Edward Kang, with Kang Haggerty. Courtesy photo Not a Blanket Protection: Understanding Limits of Protections for Settlement Evidence
Although Rule 408 does preclude some settlement evidence from being admitted in litigation, it is a mistake, and potentially a dangerous one, to believe that any documents or communications bearing the label of "For Settlement Purposes Only" will necessarily fall within the scope of Rule 408. Lawyers must have a clear understanding of the limitations to Rule 408's protection of settlement evidence.
August 31, 2023 at 11:41 AM
8 minute read
Dispute resolutions and business negotiations frequently involve documents labeled "For Settlement Purposes Only" or some similar designation. Lawyers sometimes apply these designations to communications or documents (that are not only discoverable but also admissible) to prevent the receiving party from using the materials in any ongoing or potential litigation against the party who sends them.
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