Law Practice,
Civil Litigation
Mar. 15, 2021
Settling successfully: Guidance for crafting proper 998 offers
These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is designed to encourage settlement by creating an incentive for parties to make and to accept settlement offers, and therefore at first blush might seem to reduce the opportunities for appellate attorneys. The reality, though, is that Section 998 offers seem to create a fertile ground for appeals.
Charles M. Kagay
Of Counsel
Complex Appellate Litigation Group LLP
Appellate Law (Certified)
96 Jessie Street
San Francisco , CA 94105
Phone: (415) 649-6700
Fax: (415) 362-1431
Email: charles.kagay@calg.com
Harvard Law School
Charles has decades of experience handling appeals that involve complex or novel legal questions and is certified by the State Bar as a California appellate specialist. Find out more about Charles and the Complex Appellate Litigation Group LLP at www.calg.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the Complex Appellate Litigation Group LLP.
These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is designed to encourage settlement by creating an incentive for parties to make and to accept settlement offers, and therefore at first blush might seem to reduce the opportunities for appellate attorneys. The reality, though, is that Section 998 offers seem to create a fertile ground for appeals.
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