Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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.
