The insurer argued that its settlement offers were made in a privileged judicial proceeding and as inadmissible offers of compromise; thus, the offers could not be presented as evidence of bad faith. White reasoned that although privileged communications and an offer or compromise may not be the sole basis of bad faith liability, they may be ...
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Unfortunately, the sender of a 998 Offer cannot require a settlement agreement because it is in direct conflict with the wording of the statute. Lawyers should trust the statutory language precisely—-then, rely on the courtesy of a legal colleague to do the right thing and avoid the unnecessary entry of a judgment.
A settlement offer may be made at any point during a civil lawsuit or administrative proceeding. The other side can even make a settlement offer after Settling a case early allows for a quick resolution but might mean you get less out of the deal than you would if you knew more about the issue at hand.
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Oct 01, 2020 · He received discovery requests from opposing counsel, but did not transmit them to his client for nearly three months. He ignored the client’s request for assistance in responding to the discovery requests, submitted a draft of the discovery responses to his client the day before it was due to be filed, and served the discovery responses only ...
counsel does not lose this protection simply because the opposing party has chosen to represent himself. ¶ 21 Here, given the persistence and hostility of plaintiff’s direct communication with defendant and plaintiff’s misapprehension of the law, the trial court had a reasonable basis for enforcing the protection of Rule 4.2.
Counsel should review with the client what to cover or emphasize during an opening statement. It is inevitable that clients be evaluated as a potential witness, both by the mediator and opposing parties. This becomes more critical if the client has not yet been deposed.