I Dropped a Lawsuit I Filed – Can I Re-Open It?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: Ray Everett-Church, Esq.

Ray Everett-Church is a privacy and security consultant with PrivacyClue LLC and is co-author of "Internet Privacy for Dummies"

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