Legal Question in Discrimination Law in Oregon
Appeals - Urgent!
Hi. I am forced & did file an appeal on my own. I need very sound answers on how to explain the reason for the appeal from a lower court.
My attorney was to file a lawsuit, but he did not communicate with me well, then he bailed out at the last minute, so statute of limitations was an issue.
As he bailed, I asked if he even prepared the suit; he sent me the lawsuit in an email attachment at 6:PM that day. It was 1.5 days (I was informed by him) before it needed to be filed in lower court.
The next day I signed & sent it overnight mail 30 miles away to the court, it filed, & according to everyone at the time, it was still filed within the 90 day statute of limitations. I didn't find out however, until the first hearing was held, that the defense filed for a dismissal based on a 90-day statute of limitations not being met. I was never told this and even when the bad attorney sent me the lawsuit by email, he was late by two days--he had missed the filing statute by 2 days! 90 days is not the same as 3 months!
I have until May 9 to file the content of the appeal & how the defense attorney is filing for attorney fees to be paid by me. The Bar has not been helpful. I can't find a lawyer who wants a messy case. Help please.
1 Answer from Attorneys
Re: Appeals - Urgent!
You need a lawyer to look at whether you have any way around the failure to meet the 90-day right to sue period. If federal claims are involved, often the federal claims have a different and later right to sue period.
If the right to sue period was not met, then you will look to whether the underlying discrimination case could have been won but for the failure to file on time. If so, you should look into a malpractice claim against the lawyer.
You need a lawyer to guide you. A free service like this cannot provide you sufficient information. This is not specific legal advice, but a general comment on your inquiry. For legal advice about a specific question, you must establish an attorney client relationship with a lawyer and provide all the relevant facts and circumstances. Please also be aware that you may have only a limited time in which to commence an action to enforce your rights. If you intend to pursue a potential claim, consult an attorney without delay and establish an attorney client relationship. This exchange is not such a relationship, and this firm will do nothing to protect your interests.
Craig A. Crispin,
Crispin Employment Lawyers
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
