Legal Question in Sexual Harassment in Illinois
Settlement
The EEOC has done its investigation at a company that I'd worked for. I was fired in retaliation for complaining about the harassment, which was quite prevalent in the company. The EEOC found cause and is making the company offer training to its managers and post EEOC regulations throughout the company. My former employer will only pay 10% of what I'd settle for (I wanted my annual salary). My lawyer is urging me to accept, though he asked much more several months before (the lawyer is working on a contingency fee basis). If I reject the offer (my former employer has stated that they will NOT offer more, but are known to bluff), can my lawyer opt out of representing me any further? Is it customary to pay him anything if this happens? What usually happens if a lawyer and his/her client disagree? Will he have to go to court with me on this?
1 Answer from Attorneys
Re: Settlement
Yes, the lawyer can withdraw if you do not accept his recommendation on settlement.
If that were to occur -- or if, indeed, you fired him -- he could assert a "lien" on the case, assuming he follows the dictates of Illinois' attorney lien statute. The lien means that the defendant in the case would have to include him on any settlement check to ensure that he would get paid the amount due to him and that, if the defendant made a payment without putting him on the check, the defendant would be liable to him for his fees.
The amount of fees he would be entitled to would depend upon the work and time he put into the case, whether on a quantum meriuit theory (getting paid a reasonable hourly amount for his time) or as a percentage of the contingent fee or attorneys' fees ultimately awarded in the case.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC can only be created by execution of a formal retention agreement.
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