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Focus (Forum & Focus)

Jun. 17, 2009

Make Me an Offer

There are many pitfalls involved in making offers under Code of Civil Procedure Section 998, write Gary A. Watt and L. Maple Lay.

FOCUS COLUMN

By Gary A. Watt and L. Maple Lay

Trial can feel like a boxing match. The fight often goes the distance. Both sides throw a jab here, an upper cut there. They present the evidence favorably to their clients. The air is electric as they await the jury verdict. The plaintiff asked the jury for $200,000. The verdict is only $50,000.

The defendant is ecstatic. Then defense counsel recalls that the plaintiff made a Code of Civil Pro...

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