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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?

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Attorney answers 2


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.


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.

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