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Simultaneous Negotiation and the Conditioning of Settlement Offers on the Merits Upon Waiver of Statutory Attorney's Fees: An Ethical and Policy Analysis

Abstract

Comment: Attorney Fees
In Evans v. Jeff D. the United States Supreme Court considered whether it is proper for attorneys to negotiate the merits of a case while simultaneously negotiating statutory attorney's fees. In addition, it examined the desirability of allowing settlement offers on the merits to be conditioned upon the waiver of statutory attorney's fees. Both questions were considered within the context of the Civil Rights Attorneys' Fees Awards Act of 1976 (hereinafter the Fees Act). In holding that such practices are not prohibited per se, the Court ruled on issues which had divided the lower courts. However, the diverging views found within the lower court decisions preceding Evans may well continue despite the Evans holding.

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29 Ariz. L. Rev. 517 (1987)

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