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What is Rule 68? Federal Rule of Civil Procedure 68 allows a defendant to make an offer of judgment at any point at least 14 days before trial.
A fixed fee agreement is an agreement where the client pays a fixed fee for the legal representation, regardless of the time the attorneys and staff put into the case.
First, the payment is limited to ?costs? incurred post-offer and does not include the defendants' attorneys' fees. ?Costs? under 28 U.S.C. §1920 include court and court reporter fees, witness fees, and copying and printing costs.
These are the most common types of fee arrangements used by attorneys: Fixed fee or standard fee. Commonly used for routine legal matters, such as preparing a simple will. Before agreeing to a fixed fee, find out what it does and does not include, and if any other charges may be added to the bill.
Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.
ORCP 68 - Pleading, allowance, and taxation of attorney fees and costs and disbursements - Oregon Rules of Civil Procedure.
You are the client and must pay the fee and expenses. In some cases that go to court, a judge may award a partial or full fee to be paid by the other side, but this does not release you from the obligation to pay your lawyer. Some fee judgments are not collectable and others cover only a part of the services rendered.
The Oregon Rules of Civil Procedure govern civil proceedings in Oregon circuit courts.