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socrateaser
socrateaser, Lawyer
Category: Employment Law
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Experience:  Retired (mostly)
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I have filed a lawsuit against a public traded company with

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I have filed a lawsuit against a public traded company with the US Department of Labor(DOL); however, the company's lawyer has not yet made the Company's Board of Director aware of my pending lawsuit. Am I allowed to reach out directly to the Company's Board of Directors and CEO, bypassing the lawyer representing the company, to let them know about my pending suit against the company ?

Hello,

You are entitled to contact anyone you wish, because you are not a lawyer (lawyers are prohibited from contacting any party without their attorney's consent, once the party is represented by a lawyer).

However, your contact may be interpreted as an attempt at criminal extortion, if you attempt to settle the matter out of court without the attorney's involvement. So, while it may be lawful to try to make contact, dependent upon what you communicate, you may find yourself in a great deal of trouble.

Also, communications almost always end up disclosing evidence to your opponent that is used against you. This happens with lawyers as well as with laypersons. It's incredibly tempting to want to "tell you story" in expectation that your adversary will "see the light" and give you justice. But, that's not reality. Reality, is that you are up against professional executives whose lives are absolutely dedicated to a single purpose: winning each and every dispute. So, while it may seem like a good plan to contact executive management, you may well ruin your case by doing so.

Hope this helps.

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