Settlement Agreement and Release
(NC)

This template is a settlement agreement and release between two or more parties to resolve a North Carolina state case. It assumes that the parties are settling a pending lawsuit but you can easily adapt it for use in a pre-litigation settlement. This template includes practical guidance, drafting notes, and alternate and optional clauses. Settling a case can avoid the uncertainty of trial or a court ruling on a dispositive motion. If you are representing a plaintiff, your client will likely obtain some measure of compensation. If you are representing a defendant, settlement can protect your client from a large jury verdict. Settling a case can also save your client substantial time and money in litigation expenses, especially if you settle before the parties conduct meaningful discovery. Your client has the final authority to approve or reject a settlement, and you must abide by their decision. See 27 N.C.A.C. 2.1.02. Because the client is the final authority on settlement, it is imperative that you consult with your client early and often regarding possible settlement. For a practice note on drafting settlements in North Carolina, see Settlement: Negotiating and Drafting a Settlement Agreement (NC). For an annotated version of the North Carolina Rules of Civil Procedure, see North Carolina Civil Procedure § 1-1 et seq.