What is the duty regarding confidentiality in settlements?

• A. Disclose settlement terms to competing counsel to level the playing field.
• B. Publish settlement terms in court records.
• C. Respect and enforce confidentiality of settlement terms, ensuring terms are fair and not punitive.
• D. Ensure the terms are secret but not necessarily fair.

Answer: (C)

Confidentiality in settlements means keeping the terms private and protecting them from disclosure. The duty is to respect and enforce that confidentiality, while also ensuring the terms are fair and not punitive. This guards against coercion or outside pressure, promotes honest settlements, and maintains the integrity of the process. Disclosing terms to competing counsel or publishing them in court records would undermine confidentiality and could harm the client or the settlement’s validity. Keeping terms secret while allowing unfair or punitive provisions would also be inappropriate; the ethical obligation supports both privacy and fairness in the settlement. If a client consents or if disclosure is legally required, those boundaries can shift, but the default is to maintain confidentiality and fairness.