Sunday, December 7, 2008

Lawsuit?

After reading some of your e-mails and posts on this site and Heller Highwater, I just wanted to start a discussion about a potential lawsuit, if anyone is still reading. I hope that any former incoming associates who wish to weigh in will be comfortable enough to post their thoughts in "comments" rather than sending me a private e-mail to help generate discussion.

I don't have much knowledge about class action lawsuits nor bankruptcy procedures, so I have some questions, both technical and personal. Excuse my technical ignorance, but I'm suffering a bit of Lexis withdrawal.

I'd especially like to hear from everyone about their thoughts on the personal questions.

Technical
  1. Would a lawyer even accept our case pro bono?
  2. If not, who among us can even afford a decent attorney?
  3. Do we have enough people to even constitute a class?
  4. Even if we did have a class action lawsuit, will there be anything left to sue for?
  5. What priority will we have against other creditors and other tort plaintiffs?
  6. Will only the named plaintiffs receive any real compensation?
  7. Will the "real compensation" be even close to being "worth it"?
  8. Do we have any real legal legs to stand on? Were the promised sums contingent and not guaranteed to start with?
  9. If there is no contract case, what about detrimental reliance? But is detrimental reliance appropriate in a class action suit?
Personal
  1. Would you rather spend your time job searching (or for some, working hard at the new job) instead of suing?
  2. Would being an active plaintiff affect your life attitude (life meaning your life for the duration of the lawsuit)? If so, how so?
  3. How do you think suing would affect your work reputation and future?
  4. What factors make you want to sue and which make you hesitate?
  5. Other concerns about a lawsuit?

3 comments:

Heller Drone said...

I am going to reference this post over on Heller Highwater to try and get some comments going on a lawsuit.

pechmerle said...

Can you post a copy (redacted if need be) of what your offer letter, any other correspondence in which stipend, bar reimbursements, etc., were referenced? To comment on whether you have contract claims (I tend to think you do), I at least need to see what documentation there is of the contract terms.

pechmerle said...

Well, the 333 Bush landlord and the banks have acted so as to force the firm's hand, and a voluntary bankruptcy occurred on Dec. 29.

Many details over at Heller Drone. Claim deadline of April 27.

In all the current circumstances, this looks like it will probably be good for ex-employees. Payout on claims will be quite a while coming, though.

If I were an incoming former associate, I would file a proof of claim for all amounts the firm promised me but didn't pay. Attach all correspondence with the firm as backup.