Asked in Personal Injury and Civil Litigation for Florida

Q: How soon after the county clerks office uploads a settlement offer is the plaintiffs lawyer notified of proposal?

I can see on our county clerks website a settlement proposal has been submitted by the defense attorney, when I asked my lawyer about it they said they hadn’t received any proposal, how long does it take for them to generally get notified?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Documents submitted on the Florida Courts E-filing Portal are normally emailed to all parties. If this is what you mean, it appears that your lawyer simply hasn't checked his or her email since the proposal was uploaded.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Your inquiry is mysterious as to why you're asking that question online when you have an attorney currently working for you, and who should easily be able to answer that question. If you have a communication problem with your lawyer that is an obstacle to finding out this type of information, that is a very serious problem that must be resolved either by taking steps to ensure that your attorney is properly representing you, including with adequate communications, or replacing him/her with other counsel. Or is it the case that your lawyer gave you the answer but you're not sure whether he/she can be trusted? If so, that is also an issue that needs to be confronted - perhaps you'd want to consult an attorney to review the case. Settlement proposals are usually NOT filed at all; instead, NOTICES of settlement proposals are filed if the proposals are made pursuant to a rule of civil procedure that may put the offeree party at risk (sometimes very serious risk) of getting hit with an award of attorney's fees at the end of the case if the proposal is not accepted. Your attorney must advise you as to whether there is any such risk, and if so, what course of action is recommended! The proposal is emailed separately from the notice, and your attorney likely has it in hand by now.

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