A confidentiality clause that you and the defendant in your personal injury case sign as part of the settlement process should do more than just make it clear that neither party is permitted to discuss any detail related to the case in any manner. The clause should also provide precise wording about what to say if someone attempts to get either party to talk. For example, the wording could be, "At the advice of my counsel, I will not be making any comment on this legal matter." Both you and the defendant can practice reciting this couple of sentences and be prepared to use them whenever someone makes a query about the settlement or any other detail that relates to the case. Here are some reasons that it's a good idea for the clause to include this wording.
It Prevents Vague Comments
If someone were to ask the defendant to make a comment about the case that has just been settled, he or she should know to use the precise wording that is stipulated in the confidentiality clause. Without this wording being present, the defendant might not know how far he or she can go when discussing the case. For example, the defendant might say, "I'm not allowed to talk about the settlement, but let's just say that it was a lot of money." This type of vague comment doesn't indicate the amount of the settlement, but it's likely more detailed than you'd like.
It Gets You On The Same Page
A confidentiality clause is most effective when it has precise wording for both you and the defendant to repeat when someone asks you about the case. Even though you've been on competing sides of this legal situation, perhaps for a period of months, it's nice to be able to feel as though you're united in not wanting to talk about the case in the future. Without this precise wording, one party may feel as though the other is taking liberties and perhaps divulging too much.
It Reduces The Likelihood Of Further Complications
While you might like the idea of receiving more damages in the future because the defendant has broken the confidentiality clause, the reality is that you're probably ready to put this part of your life behind you. Precise wording in the clause that stipulates how each of you should respond will dramatically reduce the likelihood of either party violating the clause, and thus opening the door to further legal issues.
For more information and assistance, contact your local personal injury attorney services.