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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
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Experience:  Licensed attorney helping employers and employees.
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The judge was to rule on SJ motion of def. He ordered that

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The judge was to rule on SJ motion of def. He ordered that i get an atty to address some of def objections to my response, which was minor, ex. authentication.

i have retained atty. i am asking to be made whole. i am askn for back pay, future pay, comp and pun damages, benefits restored. he gave me unusual opptunity to fix my paperwork before making SJ ruling.

Am i correct in assuming that i have a very good chance of winning lawsuit. i asked for jury trial... def atty has indicated they would be willing to settle. the district has financial budget issues and management/etc issues. Would that reduce what would be awarded if wwe went to trial. would jury consider financial woes of defendent when determining award amount?

INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

Most cases dont get SJ granted

Customer:

ok

INFOLAWYER :

there are usually questions of fact

INFOLAWYER :

plaintiff if presents a viable case, questions of facts will usually be permitted to proceed.

INFOLAWYER :

The motion papers then should be focused on the proof of claim

INFOLAWYER :

and the questions that remain

Customer:

so what happens next if def sj is not granted

INFOLAWYER :

Good question

INFOLAWYER :

discovery I take it is complete

INFOLAWYER :

the next step is the court scheduling pre trial and settlement conferences

INFOLAWYER :

see if the case can be resolved and otherwise prepare for trial

INFOLAWYER :

including deciding on schedules, witnesses, exhibits

INFOLAWYER :

financial woes would normally not factor into the decision

INFOLAWYER :

the decision would be based on merits of case

INFOLAWYER :

financial issues go to collectability post decision

INFOLAWYER :

and often impact settlement

Customer:

yes

INFOLAWYER :
INFOLAWYER :

If I can clarify something, ask me of course

Customer:

if the def has financial issues and offer low settlement again, what amount should i settle for. i want the max of 300k for ada/relaliation plus the other that i ask for. what would be reasonable. i want to be made whole as if this illegal action never took place.

INFOLAWYER :

You want to consider the following:

INFOLAWYER :

1. what does defendant have

INFOLAWYER :

2. ask for tax returns to confirm it.

INFOLAWYER :

3. what will defendant likely get

INFOLAWYER :

4. what assets can you reach

INFOLAWYER :

5. costs of litigation

INFOLAWYER :

factor those in to reach an amount

INFOLAWYER :

and consider a payment plan

INFOLAWYER :

with default to a larger judgment if payment not timely made

INFOLAWYER :

your lawyer can structure that language for you

Customer:

they have spent millions and millions wastefully, thus, gov removed all board members, they are on academic probation, and have governance issues which cauused the school dist to be put on probation.

INFOLAWYER :

I hope that is clear.

INFOLAWYER :

I would ask for financials

INFOLAWYER :

in connection with low offers

Customer:

they have the money. but also have to lay off to make up for foolish spending

INFOLAWYER :

if they wont produce, there is money there!

INFOLAWYER :

right

INFOLAWYER :
Customer:

yes

INFOLAWYER :

excellent

Customer:

they spent 15 mill def a 1/2 mill lawsuit and lost

INFOLAWYER :

makes no sense

INFOLAWYER :

foolish strategy

INFOLAWYER :

Good luck with the case.

INFOLAWYER :

if you want me in the future, begin a question "for infolawyer only"

INFOLAWYER :

I am on most days

INFOLAWYER :

Kindly take a moment to click on a positive rating. I turned it on.

INFOLAWYER :

thanks

INFOLAWYER :

If I can clarify anything else, ask me

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

i did not take depositions from any witnesses or defendants. i had enough solid concrete evidence to proceed to trial although i did request docs during discovry, etc.


 


I did give a deposition. Def didnt do very in-depth depo thus it was considered weak by my new atty.


 


Would not having depoed anyone would that hurt my case if we went to trial?

Depositions are common but not required. It can help build the case but if you try to take it now would also delays it for months. If you have evidence to support your claims, you may proceed without them. You would present evidence, witnesses, cross examine etc. at trial.
Customer: replied 3 years ago.


Thats what i thought. I got it. Took me 3 years. Who negoitates settlement, does the judge order mediation or arbitration prior to proceeding to trial.


 

The court will usually engage settlement talks. It can speak to both sides and try to bridge the gap. It can also suggest mediation. It happens usually as nearing trial, where the 2 sides are not having such talks without court help.

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Customer: replied 3 years ago.


the atty that i have now was only hired to get through sj. i dont think i need an atty to negotiate settlement. i would only need him for trial. would that be ok in the judges eyes. because i would have to give him 1/3 if he negotiated settlement and i did all the work. the atty and i agreed. but will the judge let ,me dismiss him after sj is ruled and proceed pro se for settlement only.


 

The judge expects the lawyer there throughout and wont appreciate the lawyer coming in and out. If represented, court expects lawyer involved at all stages including settlement discussions. You can of course terminate a lawyer at any time. Court will not want to see you hiring a lawyer, terminating and later hiring for trial. Be careful not to upset the judge. You can have the lawyer involved in settlement provided doesn't seek 1/3 fee. That may be a compromise but consider maintaining continuity.
I trust the answer is clear, fast and acceptable.
Please click on a positive rating for the answer.
Leaving a bonus is always appreciated.
Infolawyer and other Employment Law Specialists are ready to help you

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