OK. The question refers to the following scenario:
Corporation (C) has settled an overtime wage dispute with an employee (E) where the E had hired a Lawyer who filed, but did not serve, a lawsuit prior to the settlement and
Where E had informed his lawyer and received his consent to proceed directly with the settlement, and
Where, subsequent to the settlement, the lawsuit, filed before the settlement, but not served for weeks after the settlement, (apparently because of a mix-up regarding C's address) and where
Upon receipt of the lawsuits by C, E reconfirmed that he had not authorized the lawsuit to go forward and that his lawyer knew about the settlement at the time and had had zero contact with him since that time, and where
As a result of being served, the corporation responded by informing the Court in writing and with copies of both the settlement arrangement and the check cashed by E of the settlement, with copies to E's counsel of record, and where
The Court ordered a response from E and "instructs" C as it were by a footnote in the Oder. to hire a lawyer in accordance with 2 cases cited as Palazzo and Nation Independent Theater Exhibitors. lest all pleadings be struck without prejudice
Question: Is there no way of avoiding having to pay a lawyer hundreds of dollars simply to inform the court that a matter has ben properly settled if Opposing Counsel simply confirms that happened?
That's good advice. Can you recommend a lawyer who will be reasonable in these circumstances?
It doesn't but thanks anyway. You did fine.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).