Legal Question in Civil Litigation in California
Settlement Offer Disclosure
I am involved in civil litigation with my brother. The case involves our 88 year old mother and a lot of HIS family baggage. He has sued me. I am the defendant, yet I filed a valid meritous counter complaint. He has offered to give me $25,000 to end our litigation and he has said he will drop his ocmplaint entirely. I have refused his offer.
Am I allowed to mention his 25,000 dollar offer to anyone? I want to let peiple know that AFTER he has sued ME that he offered me 25k.
Is there any reason I can't speak about this? THANKS TO ALL !!
2 Answers from Attorneys
Re: Settlement Offer Disclosure
I'm not sure to whom you want to mention it. Settlement offers, and statements contained therein, cannot be used within the litigation. However, depending on the context of its use, that is, assuming what you state is not defamatory or invades anyone's privacy, there should be no prior restraint on speech.
Re: Settlement Offer Disclosure
Sometimes it is better to settle. Lawsuits are tough even if you eventually win. If you do settle you should consult an attorney to draw up the papers. You can talk all you want as long as you tell the truth and respect others' privacy rights, but settlement offers aren't admissible in evidence in your case.