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Alternative Dispute Resolution

Feb. 10, 2011

The Tail Wagging the Dog: Strategies for Settling Fee-driven Cases

Runaway attorney fees hinder settlement in landlord-tenant habitability cases. By Malcolm Sher.


By Malcolm Sher


How many times has a defense attorney declared litigation to be "unsettleable" because the plaintiff's attorney fees have far exceeded the value of the case? How many times has a plaintiff's lawyer responded that the "defense tactics" were the cause? Using the context of a landlord-tenant "habitability" dispute, this article examines how statutes and behavior illustrate the problem, and suggests strategies for...

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