Florida offer of settlement statute 768.79 and rule 1.442

[LEGAL2012]

What is the name of your state (only U.S. law)? FLORIDA

First, I AM looking for an attorney in south florida with real estate litigation experience to take a legal malpractice case to trial shortly - case in progress. Very few attorneys have legal malpractice exp and underlying matter involves commercial real estate.

MY QUESTION....
Florida Statute 768.79 and Rule 1.442 - OFFERS OF JUDGMENT/SETTLEMENT. Subdivision (c)(3) states,
"A joint proposal shall state the amount and terms attributable to each party."

I am suing a law firm and two partners in the firm. If i don't separate out how much each of three parties has to pay - is my OFFER OF SETTLEMENT invalid to qualify to be awarded attorney fees?

A good article on it is at:
Can Settlement Proposals Releasing Multiple Parties Trigger Fee-Shifting? : Florida Appellate Review

the article in a nutshell:
"Do Florida Supreme Court Decisions Make Joint Proposals Impossible?
The Florida Supreme Court has addressed these subsections in a series of cases since the current form of the Rule was adopted in 1996. It has concluded that a settlement offer made by or to multiple parties must always specify the amount attributable to each party, so that each party can individually decide whether to accept or reject the offer."

The two lawyers are being sued for acts working for the firm - nothing else. So does the following section mean I don't have to separate them from my offer?
Rule 1.44 states,
(4) Notwithstanding subdivision (c)(3), when a party is alleged to be solely vicariously, constructively, derivatively, or technically liable, whether by operation of law or by contract, a joint proposal made by or served on such a party need not state the apportionment or contribution as to that party. Acceptance by any party shall be without prejudice to rights of contribution or indemnity.

IN SUMMATION, DOES THE OFFER NEED TO LIST A DOLLAR AMOUNT ATTRIBUTABLE TO EACH OF 3 DEFENDANTS OR CAN OFFER BE MADE "JOINTLY AND SEVERALLY" TO ALL 3?

 

[HomeGuru]

What is the name of your state (only U.S. law)? FLORIDA

First, I AM looking for an attorney in south florida with real estate litigation experience to take a legal malpractice case to trial shortly - case in progress. Very few attorneys have legal malpractice exp and underlying matter involves commercial real estate.

MY QUESTION....
Florida Statute 768.79 and Rule 1.442 - OFFERS OF JUDGMENT/SETTLEMENT. Subdivision (c)(3) states,
"A joint proposal shall state the amount and terms attributable to each party."

I am suing a law firm and two partners in the firm. If i don't separate out how much each of three parties has to pay - is my OFFER OF SETTLEMENT invalid to qualify to be awarded attorney fees?

A good article on it is at:
Can Settlement Proposals Releasing Multiple Parties Trigger Fee-Shifting? : Florida Appellate Review

the article in a nutshell:
"Do Florida Supreme Court Decisions Make Joint Proposals Impossible?
The Florida Supreme Court has addressed these subsections in a series of cases since the current form of the Rule was adopted in 1996. It has concluded that a settlement offer made by or to multiple parties must always specify the amount attributable to each party, so that each party can individually decide whether to accept or reject the offer."

The two lawyers are being sued for acts working for the firm - nothing else. So does the following section mean I don't have to separate them from my offer?
Rule 1.44 states,
(4) Notwithstanding subdivision (c)(3), when a party is alleged to be solely vicariously, constructively, derivatively, or technically liable, whether by operation of law or by contract, a joint proposal made by or served on such a party need not state the apportionment or contribution as to that party. Acceptance by any party shall be without prejudice to rights of contribution or indemnity.

IN SUMMATION, DOES THE OFFER NEED TO LIST A DOLLAR AMOUNT ATTRIBUTABLE TO EACH OF 3 DEFENDANTS OR CAN OFFER BE MADE "JOINTLY AND SEVERALLY" TO ALL 3?

**A: the latter but we don't know the specifics so it's a best guess.

 

[LEGAL2012]

latter meaning offer can be made jointly and still qualify for rule 1.442?

I know it is not legal advise but just wish to clarify your answer.

You mean (based on this nutshell scenario - not legal advise) that the offer can be made jointly and severally and still qualify for an attorney fee award under the relavant fla statutes cited?

 

[HomeGuru]

I know it is not legal advise but just wish to clarify your answer.

You mean (based on this nutshell scenario - not legal advise) that the offer can be made jointly and severally and still qualify for an attorney fee award under the relavant fla statutes cited?

**A: sorry, under the rule you need to list the total amount claimed and separate each claim amount to arrive at the total.

 

[LEGAL2012]

danger of separating claims

I think it better to just name the law firm and make NO offer to two attorneys. Otherwise, if I allocate a small portion of the claim to them and they settle for that, it seems that could cause trouble later at trial and final judgment. Is it not likely that any final judgment would generally be against the law firm hired and sued.

So do you agree - just name the law firm in the OFFER as clearest cleanest easiest to understand so that later, when we are litigating the application of the statute most likely to be awarded?

Of course if FINAL JUDGMENT lists all defendants 'jointly and severally' then my offer won't count for the statute award. But I would guess judgments are never made that way. ISN'T ANY FINAL JUDGMENT MOST LIKELY TO NAME ONLY THE LAW FIRM HIRED WITH ENGAGEMENT LETTER AND THEN SCREWED UP? I DON'T EVEN KNOW WHY THE ATTORNEYS ARE LISTED ADDITIONALLY TO THE FIRM.