Litigation
Aug. 30, 2012
Strategy in Section 998 offers to compromise
As a recent decision vividly demonstrates, if such offers are carelessly drafted, fees can also be awarded - post acceptance. By Gary A. Watt of Archer Norris PLC
Code of Civil Procedure Section 998 offers to compromise can be potent weapons. Such offers can induce settlement. And if an offer is refused, the cost shifting can make or break a case. In fee cases, attorney fees can be included in the cost shifting mix. But what if a 998 offer is accepted? As a recent decision vividly demonstrates, if such offers are carelessly drafted, fees can also be awarded - post acceptance.
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