Estate of Michael G. Cox II by Executors, Joleen Cox and Michael G. Cox Sr., and Joleen Cox, Individually and Michael G. Cox Sr., Individually. v. Dunakey & Klatt, P.C. N/K/A Klatt, Odekirk, Augustine, Sayer, Treinen & Rastede, P.C.

MANSFIELD, Justice.

In this case, we are asked to determine whether the parties in a legal malpractice case entered into a binding settlement agreement, and if so, whether the settlement’s confidentiality provision would result in a violation of our rules of professional conduct. Here, following mediation, the parties agreed on what would be paid to settle the case. They also exchanged versions of a confidentiality provision to be included in the settlement agreement, al though they never settled on the same version at the same time. The defendant law firm nonetheless asked the district court…