X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
I enjoyed seeing The Recorder’scoverage of AB 1700 [ "Secret settlements back on agenda," March 1]. Having been involved with the issue of court secrecy for some years, I have been working with Assemblywoman Pavley on the bill. I found lawyers’ criticisms of AB 1700 interesting. The bill has clear protections for trade secrets andproprietary business information. And the bill is actually narrowerthan the 2001 bill, SB 11, because that bill would have prohibited secret agreements for financial and insurance frauds that have nothing to do with bodily harm. The bill is also narrower than the Florida statute, which is triggered by any injury, rather than the “substantial bodily injury” required in AB 1700. More significantly, while some small number of lawyers may favor secrecy, peopledon’t. Neither do law students. When I ask my ethics students what they think, they are unanimous in their view that secret settlements that affect public safety should be void as against public policy. And dozens of ethics professors like myself — perhaps a more objective group than either plaintiffs’ trial lawyers or defense counsel — have endorsed the concept of doing away with secrecy agreements such as those described in AB 1700. In fact, these professors have said that it should be unethicalfor a lawyer to engage in “secretizing” information that is likely to cause harm to the public. Why? Because lawyers secretly settle cases precisely becausethey want to avoid public awarenesof information that would expose a danger to us all, and thatis simply wrong. Richard Zitrin San Francisco

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.