On the other hand, the accused may doubt that the woman has evidence of such an affair. It can be certain that there is no evidence, because the alleged conduct has never taken place. It may refuse to sign a toll agreement or participate in settlement negotiations. No remedy can be brought without sufficient facts to make a claim. Therefore, the defendant retains his privacy and does not pay for the settlement of an unfounded claim. Toll agreements between co-accused are less common, but always with some regularity. In some states, co-accused are required to file counter-actions as long as the case is pending and before trial. For strategic reasons, co-accused may opt for a toll agreement to give them additional time to assess the strength of an applicant`s claims. The only right to a toll agreement is the right of a party to argue too much time during the toll period for legal action to proceed.
One might think, for example, of a woman who has a valid right against an accused. She has details of a sexual relationship with the accused when she was not older. Remember that the accused was married at the time and was a candidate for Congress. The accused benefits from a toll agreement because the lawyers are working to resolve the case. The case will undoubtedly include a confidentiality agreement. Thus, any whisper of inappropriate behaviour is silenced without any charges being recorded and all the details that would necessarily be included in a complaint filed in court. The conclusion of a toll agreement will not allow the parties to argue over the appropriate “end date” of certain claims and rights. You also do not risk an adverse decision by the court.
Instead, the parties can focus on the benefits (or lack thereof) of possible legal action and work toward a possible solution. If you accept the toll until after the trial on the complainant`s case, this could lead to inefficiencies and longer litigation. Make sure your customer understands this before you accept the toll agreement. This particular issue can be dealt with by 1) the filing of counter-claims during the toll period when a party ends the toll period before negotiation or ends with sufficient time to allow, if necessary, the filing of counter-claims. The client`s consent is obviously necessary and involves commercial considerations and procedural strategies. For example, customers who deal with a co-accused may agree to a toll agreement because they do not want to sue a business partner, but they want to retain their rights. Conversely, some parties may never want to fight against someone they work with. In addition, some clients, who do not appear to share much responsibility for a particular case, may want to actively pursue a counter-action against the target accused. If your client has insurance, you should also work with the insurance agency to ensure that the agreement does not adversely affect your client`s coverage or that it conflicts with one of the obligations of the insurance policy. If one of the two parties wants more time to gather evidence, a toll agreement can be used.
If the parties feel that they are close to a negotiated solution agreement and do not want to bring an action, a toll agreement is useful.