Maryland Court of Special Appeals: It's Important to Understand the Implications of Settlement Terms

The Maryland Court of Special Appeals has ruled that settlement agreements may be enforced even if clients do not fully understand the implications. 

In the case at issue before the court, on the day before trial (see my comment below), the parties agreed to resolve a lawsuit over a large sign that was erected on commercial property. Counsel for both parties placed the material settlement terms on the record in open court and the party seeking enforcement expressed its intention to be bound by the agreement.  

Later on, however, the plaintiff (who erected the sign) grew concerned about whether the agreement would restrict his ability to sell the property. But the court held that he agreed to be bound, even if he didn't fully understand how it might impact his future rights to sell or the property’s valuation. 

I'm speculating on this but perhaps some of the confusion was due to the "do-or-die" pressure into which the parties put themselves to settle the case or try it the next day. This happens all the time where parties finally "get real" so late in the game that they leave little time to make good decisions or consider the implications.  Good decisions do not generally happen under pressure. We know this as a general rule but it seems to escape us when we’re involved in settlement talks.

https://www.mdcourts.gov/data/opinions/cosa/2020/3136s18.pdf  

Jeff Trueman