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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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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 3 years 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?

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 3 years ago.

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

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 and 5 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

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

You're welcome and good luck!

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