What is the procedures for settling a race discrimination/retailiatin lawsuit?

If the attorney tells you the amount of the settlement, shouldn't he also provide copies of ALL documentation pretaining to the negotiation.

Also, should the Defendant pay the legal fees separate from the settlement amount?

1 answer  |  asked Jul 10, 2001 9:13 PM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Settling A Case

The settlement of each case is different. If you have any doubts about your lawyer's recommendations, by all means you should meet with that person. S/he represents you and should provide to you all the rationale for the recommendation. As far as the documents are concerned, you are entitled to see what's in your file. If the company gave your lawyer some documents, or sent the lawyer a letter with various statements in it, then you have a right to see it. As to your question on who pays the legal fees, I find that typically the employer/company offers one lump sum and lets the client and lawyer figure out how to deal with the payment to the lawyer. You should read your written contract with the lawyer because it should describe how, when, why, and how much the lawyer will be paid in any settlement for his or her services. And, just like getting a medical opinion from your doctor, lawyers can have different opinions. One lawyer may see a good case where another one does not. Getting a second opinion may be in order for you. If you have some serious reservations about your lawyer's recommendation, you should get a second opinion. Don't worry about hurting the lawyer's feelings. Most likely he or she wants you to be perfectly comfortable with the decision and if it takes you getting a second opinion, so much the better. You will have to pay for the consultation you have with a lawyer for a second opinion (just like you would with a doctor), but that could very well be worth it to give you peace of mind -- or a different idea. Make sure you consult with a lawyer who is experienced in employment law. Employment law is a very technical area of the law and there are a lot of loopholes, etc. that a lawyer with a more general practice may not know. And, good luck to you. I have always found that, if a case can be settled early in an amount that is acceptable to my client, it is good. It allows people like yourself who have been victims of bigotry to put the ugly incident of racism behind them and go on with their lives. Sometimes, of course, settlements are not possible; it is that time that litigation and a trial must be considered.

posted by Margaret A. Harris  |  Jul 11, 2001 10:12 AM [EST]

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?