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2019 Proposals For Settlement Webinar

A new year means new challenges to handling proposals for settlement. This webinar will provide you with practice tips to be aware of when handling proposals for settlement from the evaluation process to the drafting process, changing trends in PFS law, insuring your PFS, and a case law review over the last year. 

Program Agenda

8:30 AM – 8:50 AM

Tips in Serving and Evaluating Proposals for Settlement
Andrew Harris | Burlington & Rockenbach, P.A. | West Palm Beach

This will provide a broad overview and tips in serving and evaluating a PFS, from one of our PFS experts who handles questions from trial lawyers on an everyday basis.
8:50 AM – 9:25 AM

What Makes a Proposal for Settlement one served in “good faith”?  
Roy Wasson | Wasson & Associates | Miami

Topics to address here include:
• Which party must establish good faith or lack thereof?
• When must the issue of good faith be raised?
• What is the standard for finding good faith?
• Whether bad faith is relevant to amount of fees awarded.
• Whether offeror’s concealment of facts constitutes bad faith.
• Whether post-offer change of factual circumstances or legal issues is relevant.
• Whether a fees order must contain express findings on the good faith issue.

9:25 AM – 10:05 AM

Now that the Jury Has Rendered a Verdict: Has the Proposal Been “Beaten”?
Rebecca Creed | Creed & Gowdy, PA | Jacksonville
Topics to be covered here include:
• Definitions of verdict, net judgment, and “judgment obtained”;
• Effect of settlements, setoffs, and PIP payments;
• Effective date of the offer;
• Taxable costs, attorney’s fees, and interest included in calculating the “judgment obtained”;
• Effect of multiple proposals served to multiple defendants (i.e., the rule against aggregating the amounts of the proposals under Anderson v. Hilton Hotels);    
• When can the defense enforce a proposal (no liability and zero damages considerations);
• Effect of a contractual prevailing-party fee provision (whether fees can be sought under both a PFS and the prevailing-party provision (Cassedy), and also whether service of the proposal affects a contractual right to fees (Tierra Holdings); 
• Equitable claims: when the “true relief” awarded is for money damages; and
• What happens when the factual circumstances change after the service of a PFS?

10:05 AM – 10:20 AM
PFS Insurance including cost, coverage and how it can work to protect the client’s recovery and your fee
Rick Kolodinsky | Legal Fee Guard | Daytona Beach  
Discussion of PFS Insurance, a very useful option in many cases when your clients are served Proposals for Settlement.  
10:20 AM – 10:30 AM
Webinar Break
10:30 AM – 11:10 AM
Changing trends in PFS law – what you need to know about what has (and has not!) changed.
Maegen Peek Luka | Brannock & Humphries | Tampa
Recent Florida Supreme Court decisions seem to indicate a trend toward enforcing proposals where a party violates a portion of Rule 1.442 that is not present in §768.79.  This topic will inform you about the portions of the rule that won’t void your proposal and warn you about the portions of the rule you must carefully follow.  There will be a focus on how to allocate when multiple parties are involved.
11:10 AM – 11:40 AM
Case Law Review of 2018
Tom Hall | Bishop & Mills | Tallahassee
This topic will cover the notable PFS cases of the last year.  This will be useful in helping you serve and draft your own Proposals.  One of these notable cases last year was Tom’s own case, Allen v. Nunez.  
11:40 AM – Noon
Q&A with the speakers.  Please email any questions you have for any of our speakers, to our moderator at


• Attorney Member | $199
• Young Lawyer Member | $129
• Paralegal Member | $99
• Student Member | $99
3/29/2019 8:30 AM - 3/29/2019 12:00 PM
This option is not available.