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Can a Defendant that accepts an offer of judgment from a Plaintiff then subsequently seek its own attorneys fees?

Phoenix, AZ |

If a Defendant accepts an offer of judgment from a Plaintiff, is there any way that the Defendant can still seek its attorneys fees?

Attorney Answers 2


  1. No, not from the Plaintiff. If the Defendant accepts the offer of judgment, then the Defendant has to pay the amount agreed to and that is the end of it.


  2. No -- unless the offer of judgment for some reason included a provision for payment of the Defendant's attorney's fees. I have NEVER seen such a provision. I have seen disputes about offers of judgment that were unclear as to whether the offer was inclusive of the Plaintiff's attorney fees.

    NOTE: This information is offered for general purposes only and does not constitute legal advice about a specific legal problem. Neither the person asking the question nor any other readers should rely on the information as legal advice about their problem(s). This information is not attorney-client privileged and receipt of it does not create an attorney-client relationship.

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