Generally, a settlement agreement may not prevent a party's lawyer from using the information learned during litigation. A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement.Accordingly, the confidentiality provision in the settlement agreement in question does not authorize the City to withhold the agreement. Letter agreements are usually confidential. As a result, there is a dearth of practical guidance on when, and how, to use them. You should not sign a confidentiality clause in a settlement agreement if you do not plan on keeping your settlement confidential. All that remains is to draft a settlement agreement and release with standard terms including a confidentiality provision. The Federal Tax Court held that confidentiality provisions in releases of personal injury claims are of the nature of compensation for nonphysical injuries.