University of Illinois College of Law
In this article, the authors argue that the use of secrecy agreements and practice restrictions in settlement contracts should be prohibited not only by the ethics rules, but also by criminal and civil law. The authors begin by discrediting four arguments that are traditionally employed to support the use of secrecy agreements and practice restrictions. They then argue that the use of secrecy agreements and practice restrictions generate substantial costs, but do not secure any legitimate benefits that could not be attained by other, less costly means. The authors also explain how the problems caused by secrecy agreements and practice restrictions are particularly severe in the class action context.
Susan P. Koniak & David Dana,
Secret Settlements and Practice Restrictions Aid Lawyer Cartels and Cause Other Harms
University of Illinois Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2239