Legal Question in Sexual Harassment in New York
Sexual Harassment Case
I am involved in a federal sexual harassment case against a former employer, and am awaiting a decision on summary judgment. There are a number of witnesses who have agreed to speak to my attorney. Some have been waiting more than a year to be contacted. I cannot get my attorney, who is on a contingency fee basis,to call them. He's made it clear he won't do any more work at all until the judge deems the case trialworthy. How important is it for potential witnesses to be contacted prior to the judge's decision? If you advise that I fire this attorney, is it best to wait until after the results of the summary judgment decision, or is it best to try to do it now since another attorney might be able to get supporting affadavits from possible witnesses. How difficult will it be to change attorneys prior to the case being deemed trialworthy? How can I get this attorney to work "zealously" on my behalf?
1 Answer from Attorneys
Re: Sexual Harassment Case
No intelligent attorney would substitute into a case while a decision on a Summary Judgment is pending, since they may be taking on a l ot of work, including an appeal without a good likelihood of a recovery, especially if the attorney is on a contingency. Many intelligent attorneys would jump in the case if you pay them $15,000 to pursue your case for you. If your attorney has already submitted his opposition to the summary judgment motion, there would not likely be any benefit to contacting the witnesses, unless the attorney could learn some salient points from the witnesses, and then submit an additional pleading for the judge to consider. It depends on how much evidence the witnesses would be able to offer.
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