(I do have a lawyer I'm working with in this case, however they are currently on leave for the Christmas holiday season and I am expressly permitted to ask others, even in a public forum, questions like these, as it's a general law question and not specific to my case)
An organization ("The Company") recently broke state and federal laws and I suffered damages accordingly. I contacted them offering to settle without going to court and they made me an initial offer.
Their initial offer includes a clause about them making no admission of guilt. The language in the offer is (paraphrased):
No admission of liability This settlement does not in any way constitute an admission of guilt, liability, or wrongdoing by The Company. Any such liability is expressly denied.
From what I understand, this is to prevent any future claims against The Company - however the same agreement also includes a section where I promise not to sue them for any other reason ever again (I object to this and tell my lawyer that when they return) - so even if they do admit guilt (and I agree to never sue them for any reason ever again) it makes no difference to their bottom-line, right?
I do know that many times when a defendant is a company and they settle with a plaintiff it's done to make the problem go-away because the cost of a settlement would be cheaper than the cost of hiring lawyers and running an investigation to verify the claims - as well as to prevent word getting-out if reputations would be damaged by any public court action, even if they would be acquitted.
But those reasons don't apply in my case - I don't believe The Company gains anything at all by refusing to admit guilt or wrongdoing.
I would gain immense personal satisfaction if The Company would just say in writing "we broke the law" - and hopefully "sorry" too. I find denials quite frustrating and dishonest.
Can I have my lawyer respond with a counter-offer that modifies the settlement agreement to replace the clause with something like "The Company admits to wrongdoing and is sorry." - or anything?