New York Sample Letter to Client regarding Defendant's Offer of Judgment
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How to fill out Sample Letter To Client Regarding Defendant's Offer Of Judgment?
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FAQ
Even when the offer is well crafted, the major disadvantage of a Rule 68 Offer remains the evident lack of privacy. Once the plaintiff accepts your Rule 68 Offer and a judgment is entered against you, that document is a public record available to anyone.
Discussion: Rule 3-510 is intended to require that counsel in a criminal matter convey all offers, whether written or oral, to the client, as give and take negotiations are less common in criminal matters, and, even were they to occur, such negotiations should require the participation of the accused.
It can reduce Plaintiff's attorney's fees Thus, while the rejection of a more favorable offer of judgment does not preclude the recovery of attorney's fees by a prevailing FLSA plaintiff, it can nevertheless substantially reduce the amount of attorney's fees a court will award as reasonable.
Given the legal consequences flowing from a final monetary judgment against you as a defendant, a Rule 68 Offer must be carefully drafted to specify (a) what claims are being resolved and (b) what damages are included in the settlement amount, including whether costs and attorneys' fees are part of that final offer.
(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.
For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.
An offer of judgment is used to encourage settlements and protect parties willing to settle early in the litigation process. It is an extremely useful tool however there are important nuances to using this strategy successfully. Kenneth E. Pitcoff and Andrea M. Alonso, New York Law Journal.
