I have a harassment lawsuit against my employer and it was recently dismissed because of a filing error on my part. Now the clerk of court has sent me a letter asking me and the opposing attorneys to present discovery to each other. I'm representing myself and the attorneys for them really jerked me around. The amount I'm asking for is miniscule and lawyers are asking more than that to represent me. Anyway, does anyone know of free online advice to help me? At one point I really wanted to drag my employer through the mud. Now, I just wants this thing to be over. By the way, I'm still employed there.
2006-08-15 12:50:19 · 6 answers · asked by madcan 1 in Business & Finance ➔ Careers & Employment
If the case was dismissed, then there is no need for "discovery." Contact the clerk of the court, tell them that you are "pro se," and ask the status of your case. If it was dismissed, then you have no obligation to respond to "discovery." In fact, if your case was dismissed, the worst thing you can do now is respond to your employer's discovery requests.
Call the court. If dismissed, don't answer. If not, then you are obliged to answer.
2006-08-15 13:19:50 · answer #1 · answered by fatalleycat41 3 · 1⤊ 0⤋
As a professional in this area, you must be aware you are in over your head on this, right? The dismissal should be a clue of that, as well as asking a 1st yr high school question taught in political science classes.
The fact that your still employed is even a stronger support of a professional lawyer as this whole thing may have been resolved at this point. (your inference)
When you start an action under Title VII or EEOC rules, you have to go the distance if you want to make a point. I am sure your boss attorneys have figured out how fast to make you go away; bombard you with paperwork, terms, deadlines, etc. You have already exhibited your inability in this arena, they are going to capitalize on it on behalf of their client. Do you blame them? You would probably do the same thing should the tables be turned. Sure you are going to say, "no", but we all know that is not the truth. You wouldn't have to deal with this anymore than they are; their paralegals are quite competent to handle you as the plaintiff.
It doesn't matter what you are asking for, you just needed a number on the intitial complaint and summons. I would be hard pressed to believe that you have never heard about lawyers working on a contingency? As one response has already provided you, They take no "upfront" fees, otherwise known as retainers. They get paid from the settlement, usually 40%, but if your amount is 'miniscule", then that shouldn't matter. I wish you had been more detailed regarding your complaint. Lawsuits of this type can be very timely and consuming, costing way more than you think, but with a good employment lawyer, it could be very well worth it. Especially sexual harrassment cases, those can really hold high punitive damages.
The only reason you wouldn't be able to find an attorney to take the case on "contingency", is that they don't feel after the initial consultation that they would prevail in a trial, period. Attorney's only take on contingency cases they know they can win, so that should give you some hope. Consultations are usually free, why don't you take advantage of speaking to a qualified lawyer in your area. It will only cost some time. '
You will be hard pressed to find an "online referral for legal advice" Certainly you understand the limits of liability that every state bar requires of all licensed attorneys. This would prohibit anything more than a cursory question at best online.
As to discovery, although already answered in a variety of ways, allow me...
Discovery means that in order to eliminate a possible mistrial, or even a dismissal, each side, the plaintiff, and defendants must have access to the same evidence, the same witnesses, the same everything.
Simply, if you have evidence that would prove that they did what your accusing them of, and do not provide that to their side, and you lose, you would be very hard pressed, if at all to resubmit the complaint under something known in criminal courts as double jeopardy. (Not called this in civil, but it means almost the same)
If you want to win, get a lawyer. If you want to waste your time, the courts time, and prove nothing except that your a pain in the *** employee who will lose their job when this is over, keep representing yourself.
2006-08-16 19:59:10 · answer #2 · answered by jv1104 3 · 0⤊ 0⤋
Discovery is the term used for information and facts regarding the case that you each have. It sounds like you may be in over your head. If you're not really looking to make any money out of the whole thing, but just set an example, then I'd consider hiring a lawyer and tacking on his fees to the amount of the lawsuit. You can probably find a lawyer who's willing to charge little or no fee if you don't win the settlement also. Good luck!
2006-08-15 20:01:30 · answer #3 · answered by rocknrobin21 4 · 0⤊ 0⤋
Don't know if this will help. you do not say where you are from.
However if you are in the San Fransico Bay area, my attorneys is John D. Winer and Associates. my lawyerrepresenting me is out of that firm, won't & can not go into details but, I walk the same line as you , My attorney does not require up front costs as this will be added to settlement once it is over... I highly recommend you contact their office. You can find them on line under lawyers John D. Winer... Good luck to you, If they can not help you they can dirrect you to someone in your area maybe. Bad news is,, I have been in litigation for over a year now, the good news is this will be all over by Jan or Mar of 07 so I am told, Be strong and stand firm in what is right and wrong is wrong... Let me know how you make out,.. Always nice to have support for something one has gone through already. A discovery is where the sides present any and all documentation & evidence of the event,,, Lawyers are snakes you really need some help with this one... Good luck...
2006-08-15 20:05:53 · answer #4 · answered by Angel H 1 · 0⤊ 0⤋
I believe discovery would be all of the evidence you have and are going to present during the case. You must give copies of this to the other party. Hence a 'discovery period' where you have time to gather and analyze all the evidence of the case.
2006-08-15 19:56:17 · answer #5 · answered by rweasel6 2 · 0⤊ 0⤋
it is when you reveal facts and develop evidence.
2006-08-15 20:00:10 · answer #6 · answered by lethallolita 3 · 0⤊ 0⤋