How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34106
Experience:  Retired (mostly)
10097515
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I asked a question and am waiting for an answer.

Customer Question

I asked a question and am waiting for an answer.
Submitted: 1 year ago.
Category: Business Law
Expert:  socrateaser replied 1 year ago.
Hello,

I have checked your current Q&A list, and it appears that your question never posted (most recent question shows 8/23/2013). I'm sorry, but I can't answer, until I know what your question is.

Thanks in advance.
Customer: replied 1 year ago.

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?

Expert:  socrateaser replied 1 year ago.
Hello,

Unfortunately, there is no way to avoid having a lawyer sign all of the pleadings as representative of the corporation. No non-human entity can represent itself in court -- and only a licensed member of the State Bar of Florida can represent a corporation in court.

You could write to the plaintiff's counsel and ask that he voluntarily dismiss the current lawsuit, before you are forced to obtain legal counsel to answer the complaint or move to dismiss. You could state that, you are advised that the lawsuit may have been brought without probable cause, and consequently that you may be entitled to sanctions against counsel for filing a frivolous pleading with the court -- which could spill over into an action for malicious prosecution and/or a complaint to the Florida State Bar.

Do NOT connect your request for a dismissal to the threat of the state bar complaint, because that would be criminal extortion. You have the right to threaten to sue as a means of obtaining a lawful recovery for damages cause you by another person. You don't have the right to threaten them with administrative action or other dire consequences, unless they do as you say.

If that doesn't work, then you'll have to hire a lawyer.

If you need a link to a reputable lawyer referral service, please let me know and I will be happy to provide.

Hope this helps.
Customer: replied 1 year ago.

That's good advice. Can you recommend a lawyer who will be reasonable in these circumstances?

Expert:  socrateaser replied 1 year ago.
I'm not permitted to make direct referrals (illegal). The only thing that I can do is provide you with the State Bar referral services (or, with a legal aid organization, where applicable).

Hope this helps.
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34106
Experience: Retired (mostly)
socrateaser and other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

It doesn't but thanks anyway. You did fine.

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions