Letter to Client Regarding Inadvertent Agreements
[Date]
[Name and address of client]
Re: [style of case]
[Salutation]
For your protection, I want to make you aware of the following information so that you may avoid entering into a binding agreement unintentionally.
Rule 11 of the Texas Rules of Civil Procedure provides that an agreement that is (1) in writing, (2) signed, and (3) filed with the court may be enforced as a binding agreement, resolving the issues contained in that written document and precluding further discussion or litigation regarding those issues.
This description would specifically include any document, handwritten or otherwise, that you and your spouse sign that purports to contain settlement terms. Further, recent decisions of the Supreme Court of Texas greatly increase the likelihood that this sort of informal document could, regardless of your intent, be deemed a final and binding settlement by the court.
Additionally, if you choose to communicate by email with a party to the lawsuit or others, you may say something that could form the basis of a contract. When communicating by email it is often difficult to avoid making admissions or otherwise including something that you will later regret.
I therefore advise that you do not sign any document until it has been reviewed by your attorney.
If you have any questions regarding this matter, please feel free to ask.
Sincerely yours,
[Name of attorney]
I acknowledge the advice of my attorney.
___________________________________
[Name of client]