Comments on: Daughter’s Celebratory Facebook Post Really “Sucked”–Gulliver Schools v. Snay

By: Eric Goldman

Eric Goldman — Thu, 15 May 2014 06:17:00 +0000

In reply to Eric. Perhaps but I doubt a court would allow such a loophole. Still, your question made my head hurt.

By: Eric

Eric — Wed, 14 May 2014 22:07:00 +0000

Eric, presumably dad signed the agreement but mom did not? Would the outcome have been different if dad told mom, and then mom told daughter, who then told everyone on facebook?

By: Andrew

Andrew — Mon, 03 Mar 2014 07:03:00 +0000

Good article. I do think people should remember that confidential means confidential and a secret shared is not a secret. One reason for these confidentiality agreements is to avoid secondary frivolous lawsuits. While it may be human instinct to want to boast; the settlement for $80,000 came with strings attached.

According to CNN, the lawyer was also awarded $60,000 as his fee for the settlement. For that much money, I would hope that the lawyer went over the contract, section by section, with the Snays to make sure they understood what they were agreeing to.

Hopefully, others can learn from the Snays’ mistake. Your advice is good to remember.

By: Eric Goldman

Eric Goldman — Sat, 01 Mar 2014 19:22:00 +0000

In reply to Michael Fleming. I didn't have a chance to research the case background enough to know how much blame to heap on Snay's lawyer, but I'm with you that it's a question that deserves to be asked.

By: Michael Fleming

Michael Fleming — Sat, 01 Mar 2014 18:28:00 +0000

I think you need to spend a little more time discussing the failings of the plaintiff’s lawyer here — The presumed lack of advice on the consequences of that clause (and the presumed lack of discussion of how it was likely negotiable to some extent), the clear failure to address a family member who that lawyer must have known about, and more or less every one of your other bullet points, in my mind, belong almost entirely on the shoulders of the lawyer, yet the plaintiff (and his family!) now seem to bear the brunt of the loss. I wonder if he will now try to sue for his lost fee share after his client’s breach? Or is there a good case of malpractice to be made here?