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14 April 2008

Ask MeCha: advice in talking to the defendant's attorney.→[More:]

Some of you may remember my former boss-from-hell, and that I'm suing her for withholding my final paycheck.

She has finally come to her senses and realized that she hasn't a leg to stand on, and is looking to settle out of court. (We'll just pretend the nastiness she was dishing out never happened, and ignore the fact that the last email we got from her was signed "I'll see you in court!" and be nice and try to come to an agreement.)

I have a phone appointment today with her new attorney. This new attorney specializes in labor and employment, and said that she just wanted to hear my side of the story.

I'm not going to volunteer a whole bunch on information to her, and I'll be pleasant, but is there anything else I should know? Anything I need to be careful of?

Thanks!

P.S. Help me think positive thoughts, and that poo head will just decide to give me the full amount I'm asking for.

post by: Specklet at: 12:06 | 29 comments

When a boss is a huge asshole, it is sometimes easier to deal with the lawyer.

I would state the amount of the withheld check and anything else owed, such as any overtime, vacation, out-of-pocket expenses for your job, court costs for the lawsuit, etc. (Assuming you haven't already stated a very definite amount, and the negotiations are such that it would be weird to change it.) Also, go on your state's website and find out if your state has "waiting time" penalties for failing to pay the last check. You could ask for those, too, and then waive them as a settlement.

posted by Claudia_SF 14 April | 12:16

Claudia, I'm way ahead of you. Sorry, I guess I need to give more info.

The civil penalties is what I am suing for. In other words, she actually paid me the wages due, but because it took her twenty-five days to do it, I'm entitled to collect some fees from her.

I've given a definite amount, the court papers are filed, and we have a court date, but she's finally realized she's screwed, and is scared to go to court.

I don't want to go into more specifics here, but let me just say that there is almost no way I could lose this case. I'm not going to settle for less than I'm asking, because I have nothing to lose by insisting.

My question is: how much do I talk to this lawyer? Is there anything I need to be wary of?

posted by Specklet 14 April | 12:25

Do you have an attorney? If so, let her/him handle it.

If not, yes, be very careful. Are you required to talk to this attorney? It's hard to know what will come out of your mouth that will be twisted around and used against you. After all, that is what lawyers do.

posted by danf 14 April | 12:28

Do you have an attorney? In the US, attorneys may not speak to the parties without their attorneys present. It's pretty much the rules that attorneys deal with attorneys, not the people they represent.

The standard advice is that less is more when speaking to the opposing side. Be as brief, as neutral and as factual as you can be. Don't be obstinate or rude (not that I think you would be), but answer only the question asked. Do not fill in gaps of the question in your answer; do not volunteer information between questions and try to avoid conclusions or judgments in your responses. If you don't remember a date or a figure or something that is easily verified, state that you do not remember that detail, but can provide documentation of the answer, don't guess. If you are not being treated respectfully, ask to be.

posted by crush-onastick 14 April | 12:29

The other thing worth mentioning is that I do not have an attorney, and that because this is small claims court, she cannot have her attorney represent her. She's hired this woman as a consultant, and I'm wondering if I should be leery of talking with her, since I don't want to be doing anyone any favors here.

On preview: I'm not required to talk to the attorney, but will see what she has to say in the hopes of settling out of court.

posted by Specklet 14 April | 12:29

The advice here looks quite sound, so I'll just add good luck, Specklet, and don't take any wooden nickels.

posted by elizard 14 April | 12:36

Right, thanks!

crush, you basically summed up what I was thinking. I'll just mind my Ps and Qs and hope that we can settle. If not, hey, I'm prepared for court.

posted by Specklet 14 April | 12:39

Don't talk to her attorney at all. Just say "I will settle for $XXX dollars. Yes or no?" and if she says "No", hang up. If she says "Yes", say "send me the paperwork and I will have my attorney look it over".

It's just like dealing with the police - you run a very high chance of getting fucked over just by opening your mouth. You're holding the strong cards here, and you don't owe your former boss a drop of consideration.

posted by cmonkey 14 April | 12:56

Don't tell your side of the story to this attorney. Ask if there's an offer on the table and if so, how much. Then say thank you, I'll consider it, I'll be in touch. *click*

posted by essexjan 14 April | 12:58

Oh, and the reason you don't need to tell this attorney your story is that your claim to the court already sets this out.

Hello. Offer? KTHXBAI. *click*

posted by essexjan 14 April | 13:00

I was pretty much going to say what cmonkey said. They should know your grievance, isn't that enough? Seems to me the point of the meeting is to gather ammunition for them. I'm sure they've talked about it, in a "maybe she'll slip up" kind of way.

posted by Hellbient 14 April | 13:01

And essexjan says what I was coming in here to follow up with, particularly given your follow up information. It's very very very dirty pool for her to bring an attorney into a proceeding where she may not have one.

posted by crush-onastick 14 April | 13:04

I agree- don't talk to the attorney beyond finding out whether or not they're offering something.

Your side of the story? What the heck does that get YOU? (Answer: nothing that I can see.) You don't owe anyone any favors.

(I am not an attorney.)

posted by small_ruminant 14 April | 13:07

Ah. Ah ha. Uh huh. Gotcha. This is sort of what I was thinking.

Thanks, guys.

Our phone appointment is in half an hour, I'll give you an update.

posted by Specklet 14 April | 13:09

::eagerly awaits update::

posted by ThePinkSuperhero 14 April | 13:18

Hell, I wish I could be on the call. I would be a great pretend attorney, lol.

posted by ThePinkSuperhero 14 April | 13:23

Hee! I'd introduce you as Ms. Teeps, Esq.

posted by Specklet 14 April | 13:26

Hehehehehe.

posted by ThePinkSuperhero 14 April | 13:26

Update:

She was pleasant on the phone, but was making all sorts of squirrelly little specious arguments. I gave her minimal information, and poked a hole or two in her logic, and said that I wasn't going to settle for less than the amount I was asking.

It was tricky, but I don't think I said too much (I flat out refused to answer some of her questions, and referred her back to the emails I'd initially written poo head), and I certainly don't think I hurt my case any.

posted by Specklet 14 April | 13:51

Did you call her client "poo head"? Cuz that would have been awesome.

posted by occhiblu 14 April | 14:10

I swear in my head I was calling her poo head, and had to be careful what came outta my mouth.

I'm kind of pissed right now. She tried every trick in the book, including putting on an air of camaraderie and telling me that I didn't want to go to court because "I've been there, and it's just a *mess* down there, hee hee!"

posted by Specklet 14 April | 14:12

Good job!!!

posted by Claudia_SF 14 April | 14:14

"Eww!!" to her. And "Go Specklet!" to you!

posted by small_ruminant 14 April | 14:21

Call me petty, but I would take her to court. It sounds like she made an effort to make you miserable, so a good spanking in court would make her miserable. And though this comment is late, I would have told the lawyer to piss up a rope. But then I am a grumpy SOB at times.

posted by King of Prontopia 14 April | 14:33

Stay strong!

posted by Hellbient 14 April | 14:36

K of P, that's basically what I did, albeit politely.

I think I have a good chance of collecting all that I'm asking, and so have nothing to lose by going to court (other than an afternoon out of the office).

She really is a nasty, terrible woman, and I will not flinch when it comes to walkin' my talk. Rah!

posted by Specklet 14 April | 14:45

I'm actually with KoP on this one, but it's easy to say when you're not the one involved.

If nothing else she'll have to keep paying that attorney hehe!

posted by small_ruminant 14 April | 14:46

s_r, that's just what TheDonF said! She should have just settled out of court the first time I offered to do so, rather than all this rigamarole!

Stupid poo head.

posted by Specklet 14 April | 15:33

The fact that she is scared to go to court is a good enough reason to force her to do that, after all the crap she put you through. As you say, you have nothing to lose, but she has nothing to gain.

I'm about to go through a similar thing myself, with lots of added complications which could end up with the person I am suing being arrested and charged with a string of fraud-related charges at some point. But only if I play my cards right...

posted by dg 14 April | 16:15

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