The client's instructions are as follows: 1. With respect to our financial claims: for each one, offer
Question:
The client's instructions are as follows:
1. With respect to our financial claims: for each one, offer a reduction in each of our claims proportionate to our perceived chance of success [e.g., Offer to settle for 80% of our claim]. This should be done with a specific value; we don't want to other party to know about our percentage assessment and each claim should be its own line item in the offer to settle;
2. Our client is willing to settle for legal fees on a partial indemnity basis at 45%. Our legal fees are currently 11,000 plus HST and disbursements of $1,275.48. Our client wants our disbursements to be paid in full, and to be a separate line item on the offer to settle.
3. Our client also does not waive any right she has to claim -pre and post judgment interest. This should be identified as a line item in the offer to settle. The client wants this offer to be Rule 49 compliant.
- Draft an Offer to Settle for the above-noted file. I am meeting with the client soon for her approval of the draft. I expect that if there are no changes required to your draft that the Offer to Settle will be initially by the client and we will forward to opposing counsel on the same day.
- To this end, please prepare a letter to opposing counsel, serving the Offer to Settle, so we can send it out as soon as possible after the client approves. Please prepare the offer to settle on the basis that we will be filing the Offer with the court in the future.
- Prepare a draft Affidavit of Service my review as well. As always, if you have any questions, please do not hesitate to contact me.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill