I Dropped a Lawsuit I Filed - Can I Re-Open It?
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Summary
My attorney advised me to drop my sexual harrassment case because I had lied about why I did not go to work before I was let go. So I dropped the case, but I think that was wrong. Now I want to re-open the case. Can I re-open it, and will another attorney be willing to take the case? |
“I had to file a case against O’Reillys auto parts for sexual harrassment. My attorney of record told me to drop the case because I lied about the reason I didn’t go to work the last few days I was there. When I came back I was fired. O’Reillys didn’t know I lied about why I didn’t go to work. Like I told my attorney, my mind was so messed up I couldn’t think or eat or sleep, it was so bad they made my life a nightmare. I dropped the case but this is not justice, I just want them to be made accountable for what they did to me. Can I re-open my case and do you think another attorney will take it?”
It depends upon how the case was dealt with by the court when your attorney told you to drop the case. If the case was dismissed “with prejudice” then you will not be able to bring the case again, unless that judge can be prevailed upon to rescind that order (which could be a lengthy legal fight itself). You may have a malpractice case against the first attorney if she/he advised you badly; you’d need to speak with another attorney specializing in sexual harassment cases to determine whether the previous advice was faulty. Your best bet is to find a new attorney and present the entire situation to them. The new attorney should be able to tell you whether it would be possible to reopen the case, file a new one with slightly different allegations, whether you should sue the first attorney, and so forth.
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Ray Everett-Church is a privacy and security consultant with PrivacyClue LLC and is co-author of "Internet Privacy for Dummies" Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.