Legal Question in Civil Litigation in California
In Re:''Can I add myself later on a lawsuit?''
I appreciate the fact that you took the time to try respond to my legal question. Unfortunately for me you have not answered my legal question. All you did is comment on something else.I see that you have a sensitive spot when it comes with people representing themselves in court.I assure you that it would not be the case if more attorneys would agree to take cases on contingency fee basis. I am not talking about personal injuries cases I am talking about general civil litigation cases. In my case I have talked with over 80 attorneys. I even talked to you personally and faxed you over many pages.And, after all my effort you turned me down. So, what is left for me to do in order to seek lawful relief? Is to go again in Pro-per. I say again because this case was already filed last year. When I got an attorney to join in, she blew one of the defendants in an anti slaap motion, then dropped me claiming that she can't afford the cost. So in order to get rid of the bias judge I asked the court to dismiss the case without prejudice and that was granted. Now I have until March 9 to refile. Can anybody out there respond to my original question? Please!!!!
3 Answers from Attorneys
Re: In Re:''Can I add myself later on a lawsuit?''
I apologize if I was one of the 80 attorneys with whom you previously consulted. You did not say in your question that you ever consulted or retained an attorney previously. It is also an unfortunate reality that nearly all attorneys won't take a case on a contingency fee basis unless there is a very, very clear likelihood of there being a monetary recovery -- both in terms of winning the lawsuit, and in terms of there being a source of readily available money, insurance, or assets from which the judgment can be satisfied.
If it is any help, the time during which the previous case was pending may have postponed ("tolled") the statute of limitations. Do not assume that an additional plaintiff can be added to the lawsuit later on in the case.
Re: In Re:''Can I add myself later on a lawsuit?''
Provided you are filing suit individually on your behalf, and not on behalf of a corporation or similar, you can represent yourself. However, based on your last post it appears you would like to represent your ex-husband as well. Assuming that is the case, you cannot do so. Only an attorney can represent another party in court.
Additionally, most business disputes do not lend themselves to a contingency type agreement. Unless liability is clear, the amount of damages are significant enough to compensate the attorney for his time, and the defendant is solvent OR has an insurance policy, a contingency fee is not economically feasible.
The best I could recommend is you speak to an attorney about whether they would accept your case on a hybrid contingency basis, meaning they significantly reduce their hourly rate in exchange for an interest in the award. However, you will still be responsible for paying the attorney up front in accordance with the reduced hourly rate.
If we can be of assistance, feel free to contact us.
Good Luck.
Re: In Re:''Can I add myself later on a lawsuit?''
For the benefit of other users, the previous question to which this one refers is at www.lawguru.com/cgi/bbs/message.php?i=539895853&view=a
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