Settlement agreement talk ignores state law

Given the spate of recent articles and opinion pieces about the pros and cons of confidential settlement agreements (e.g., "Secrets protect the powerful," Nov. 3, 2017), I'm surprised so little has been said or written about California Code of Civil Procedure Section 1002, which already prohibits a provision within a settlement agreement that prevents the disclosure of factual information involving an act that may be prosecuted as a felony sex offense, childhood sexual abuse, sexual exploitation of a minor or a sexual assault. The amendment to Section 1002, which became effective on Jan. 1, 2017, voids any confidentiality provision in a settlement agreement that violates the statute and mandates potential professional discipline by the State Bar against any attorney who fails to comply with its requirements.