Shifting Your Legal Fees to Your Opponent: Florida’s Tricky and Prickly Proposals for Settlement

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The Proposal works like this: You serve your opponent with an offer to settle the case for a specific amount. Then you wait 30 days. If your opponent doesn’t accept the offer within 30 days, it is deemed rejected. No harm, no fuss. But here’s the rub – if you are the plaintiff, and you later go to trial and recover an amount that is more than 25% more than your offer (i.e., 125% of your offer), or if you are a defendant and the plaintiff recovers less than 25% less than your offer (i.e., 75% of your offer), then your opponent is on the hook for your fees and costs from the date of service of the Proposal.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Andrew Rader, Topkin, Partlow & Rader, P.L. | Attorney Advertising

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