Summary
A Calderbank Offer is a settlement proposal made in writing to encourage settlement by protecting the offerors position on legal costs. If you receive such an offer with a short response timeline, you can assertively address the timeline by acknowledging any extenuating factors, such as public holidays or delayed receipt. Its not necessary to mention the original lawyers maternity leave unless it directly impacts the timeline. You can combine a polite acknowledgment with an assertive statement of your intended response date.Full Conversation
Yes, I have received a Calderbank Offer from opposing counsel on a family law matter, and they have given me 3 days to respond. I want to politely reject their short timeline and extend the time to a week.
To politely request an extension for responding to a Calderbank Offer, you can draft a response like this:
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Dear [Opposing Counsel's Name],
Thank you for your Calderbank Offer dated [Date]. I appreciate the opportunity to consider the offer. Given the importance of this matter, I kindly request an extension of time to respond. I propose extending the deadline to [New Date], which will allow me to give the offer the thorough consideration it deserves.
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
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Make sure to adjust it with any specifics related to your case or personal preferences.
We don't want it to sound a request. There was a public holiday on Monday, the offer was sent on Friday, and we only received from my lawyer Tuesday evening. And they want a response by Friday. I want it to extend it to Tuesday, given the extenuating factors.
To address the timeline issue without making it sound like a request, you can consider wording your response more assertively. Here's a suggestion:
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Dear [Opposing Counsel's Name],
Regarding your Calderbank Offer dated [Date], please note the following: The offer was received on [Date] due to a public holiday on Monday. Given these circumstances, I will respond by [New Date, e.g., Tuesday]. Thank you for acknowledging these extenuating factors.
Sincerely,
[Your Name]
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Feel free to adjust it as needed for your specific situation.
The original lawyer that received it was on maternity leave. Is it necessary to weave that in?
Case Rating: *
Incorporating the fact that the original lawyer was on maternity leave might not be necessary unless it directly impacts the timeline. Focus on the extenuating factors already mentioned. If you believe it adds context, you might briefly mention it. Would you like more guidance on this?
Can you combine your two initial drafts? The 'thank you' line is important.
Case Rating: *
Here's a combined draft that includes the 'thank you' line:
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Dear [Opposing Counsel's Name],
Regarding your Calderbank Offer dated [Date], please note the following: The offer was received on [Date] due to a public holiday on Monday and the delayed receipt on Tuesday evening. Given these circumstances, I will respond by [New Date, e.g., Tuesday]. Thank you for acknowledging these extenuating factors.
Sincerely,
[Your Name]
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Feel free to adjust it further to fit your specific situation.
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