Ethics Opinion on aspects of the Vioxx Settlement

The Connecticut Bar Association Committee on Professional Ethics has issued an opinion applicable to two provisions of the private aggregate settlement agreement in the Vioxx litigation.

The two provisions are: 1. the requirement that plaintiffs’ lawyers recommend the settlement either to all of their clients or to none of them and 2. the requirement that plaintiffs’ lawyers withdraw from representing clients who reject the settlement.

The opinion concludes that both provisions violate Connecticut’s Rules of Professional Conduct. The opinion is available here: Informal Opinion 08-01