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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
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Experience:  Former judicial law clerk, lawyer
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In a Pre-hearing Settlement Conference [under Hum. Rts. Law

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In a Pre-hearing Settlement Conference [under Hum. Rts. Law Sect. 297] via phone with the NYS DHR and complainant and respondent attorneys, should the actual complainant listen to / contribute during the call?
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

It is often in the complainant's best interests to listen to the call to hear what is being said. However, if the complainant has an attorney, it is not necessary for that person to attend the conference or contribute. An attorney can handle it on behalf of the client. A party that is not represented has to be there, or there is no ability to have a settlement conference. If the conference is held before a judge, the employer could ask that the case by dismissed if the complaining party does not attend.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Should the complainant call the same number his attorney is calling, or should attorney and client meet (so just attorney calls and the respondent will not know complainant is listening)?

That's really up to them to decide. Usually, the respondent would ask if the complaining party is present, so it's not a secret. If it's a conference number that multiple people can call, the complaining party may prefer not to travel to the attorney's office, but he can. There isn't a set legal way that it has to be done.
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