1 PerspectiveDecember 17, 2008
A few months ago we first discussed how valuable Rule 68 can be in Rule 68 and Offers of Judgment, Part I: How they Work and Why You Should Care, and that initial post has evolved into this series on Rule 68. I have recently heard from a few readers who are new to offers of judgment, with several looking for sample Rule 68 Offers to help get them started. This is a quick post to do just that.
A Few Sample Rule 68 Offers of Judgment
Attached are four Rule 68 Offers actually submitted in California, Michigan, Florida and Illinois by three lawyers I have worked with (and, in one case, against) recently:
- Thomas J. Cunningham, who practices in Chicago, submitted this sample and this sample;
- Edward Patrick (“Pat”) Swan, Jr., who practices in San Diego, submitted a sample Rule 68 Offer of Judgment in .doc and .pdf formats; and
- William E. (“Bill”) Adams, Jr., who practices in Jacksonville (and who you may recall from a recent post about Malcolm Gladwell’s Blink), submitted this sample.
The Necessary Disclaimer
As he helped raise me as a young associate, Gordon Shapiro told me that I was free to start with a form to draft any pleading, but I was responsible for knowing why every comma and every character appeared on my final product — and the legal consequences of each. I pass Gordon’s Rule on to you.
[In case you want links to all the posts in Settlement Perspectives' Rule 68 and Offers of Judgment Series, here they are:
- Rule 68 and Offers of Judgment, Part I: How They Work and Why You Should Care;
- Rule 68 and Offers of Judgment, Part II: Why They Work and How to Use Them;
- Rule 68 and Offers of Judgment, Part III: 9 Situations Where They Just Might Work;
- Claims for Attorneys' Fees: How Rule 68 Can (Sometimes) Help;
- Ambiguities in Rule 68: Why Are They Relevant to You?; and
- Rule 68 Offers: A Few Sample Forms to Get You Started (this post).]