Also known as:aggregate settlement · aggregated settlements · aggregated settlement · class settlement · global settlement
Written by attorneys · grounded in primary & secondary sources — see below
An arrangement by which a lawyer representing two or more clients resolves their claims or criminal charges in a single global resolution. The lawyer may not participate unless each client gives informed consent in a writing signed by the client after disclosure of the existence and nature of all claims or pleas and the participation of each person in the settlement.
Sources & Authorities
How it applies
Common Examples
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Uniform Consent Form for Injured Students and Teachers
Gary represented multiple students and teachers injured in a school collapse. The defendants offered a single global sum plus safety upgrades that benefited current students more than already-injured teachers. Gary gave every client the same two-paragraph form listing only the total amount and the existence of all claims. Each client signed after a five-minute meeting. Because the form omitted any comparison of shares or the upgrades' differing impact on each group, the clients lacked the information required for informed consent to the aggregate settlement.
Package Plea Offer to Protest Codefendants
Sophie represented five protestors facing misdemeanor charges. The prosecutor offered a package deal requiring every defendant to plead guilty or the offer would be withdrawn for all. Preston faced harsher immigration consequences than his codefendants because of a prior conviction. Sophie presented the offer to the group in a crowded holding cell, allowed only a brief question period, and collected signed forms within thirty minutes without separate meetings or individualized explanations of how each person's plea would bind the others. The rushed group process left the clients without the disclosures needed for informed consent to the aggregated plea agreement.
Put it into practice
Test Yourself
10
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Model Codes
Course Outlines
Common questions
Frequently Asked
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What must a lawyer disclose to obtain valid informed consent for an aggregate settlement?+
The lawyer must disclose the existence and nature of all claims or pleas involved and the participation of each person in the settlement. This includes information allowing each client to assess how the settlement treats their own claim relative to the others, such as comparative shares or the differential impact of nonmonetary terms.
Supporting sources
Does a confidentiality agreement prevent a lawyer from obtaining informed consent to an aggregate settlement?+
Yes. When a confidentiality agreement bars disclosure of the allocation matrix, payout tiers, or how any client's recovery compares to others, the lawyer cannot provide the participation details the rule requires. Clients who request comparative information and are denied it cannot give informed consent.
Supporting sources
May a lawyer obtain aggregate-settlement consent through a single group meeting?+
A single group meeting is usually insufficient when clients face materially different consequences. The rule requires disclosures that allow each client to understand how their participation affects and is affected by the others. A noisy group setting without separate meetings prevents the individualized explanations needed for informed consent.
Supporting sources
TortsDamages · Apportionment of responsibility among multiple tortfeasorsNEXTGENFoundational