North Carolina Trial Law Blog

Atty fees provison.

Let me tell you a story. Williams sues Mast. Gets verdict of 62 dollars after a 500 offer.

This Atty fees statute allows for this.

Mary sues Carpenter. Jury says $132.94 but you lose, but your lawyer does not lose: Atty fees of $6000

Citing cases where lawyers get large fees based on loses.

He is failing to say that the law considers the the insurance company ought to make offers early, not late.

Asking to make the situation fair.

Says insurance companies are not lowballing. In fact insurance company is offering more than what is fair.

4.1 is a provision not to just hurt parties. Against his interest because it raises the amount to 15k.

Ought to raise the cap.

But if you ate gonna do that make it fair.

Make an unreasonable refusal to settle case. Says it is now unbridled discretion.

Suggests that judges are "doing their friends a favor".