That’s what Sayers v. Prugh, Holliday & Karatinos, an Eleventh Circuit decision from earlier this week, suggests. Sayers sued her employer for alleged failure to pay overtime, but her lawyer didn’t even call the defendant to negotiate a payment before filing suit. The defendant ultimately accepted a small settlement:
Sometime after discovery closed, Defendants tendered an offer of judgment under Federal Rule of Civil Procedure 68 for $3,500 plus any attorney