[WSBARP] Litigators - Atty Fees Request

[Patrick McDonald]

Paul, 

Except for CR 68 (for costs) or RCW 4.84.250 (for fees in actions of less than $10,000), I'm not aware of a basis to seek attorney fees and costs accrued after a settlement offer on the sole basis that the opposing party did not accept a settlement offer and subsequently did not get a better result at trial. Otherwise, there would need to be a statute, contractual provision, or recognized ground in equity to award fees to the prevailing party. 

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott at scottgthomaslaw.com
Sent: September 4, 2019 8:08 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request

I think I would try to get it in.  By its terms, ER 408 restricts evidence of an offer to prove or disprove liability.  I would argue that evidence of a settlement offer falls under the "another purpose" exception.  An offer of judgment has to be served, and so you still have that issue to wrestle with.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Tuesday, September 3, 2019 5:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators - Atty Fees Request

Hey All, I know that I'm not supposed to bring up settlement discussions during litigation but we are at the end of arbitration and the arbitrator has asked for atty fees requests.  I want to show that the opposing party did not improve on a settlement offer I made in open court many months ago (prior to mediation and arbitration) feeling that all attorney fees incurred after that point was a result of not accepting that settlement offer.  Am I able to use settlement talks and an offer made in open court now that a decision has been made on the merits of the case and the sole issue remaining is the award of atty fees?  Thanks for your input.  




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