Need Legal Advice!!!!

[AZSherman]

I need some legal advice-Does anybody know if it is proper, or even legal, for a respondent in a Civil Lawsuit to compel a plaintiff in the suit to look for information on behalf of that respondent?? Let me give you an example: A large number of employees file a class action lawsuit against their employer. During the course of the various hearings, it becomes evident that the employer is either concealing, purposefuly witholding, or has destroyed a certain number of documents relevant to the case. Can this employer then, compel its employees, even those involved in the suit as members of the plaintiff class, to search for these documents in the employer's archives??? In other words, can the employer force those employees who have filed suit to in effect perform discovery for the respondent employer?? Is this not a conflict of interest??? What if the plaintiff employees, while performing this search (under threat of termination) find documents which actually strengthen their case, and weaken or even refute claims made by the respondent employer?? Any opinions???

[DATMan]

When the employer has his own archives searched for his own purposes, that is not discovery unless he is looking for items that he is compelled to turn over to the other side by an existing dicovery order...and then he is not conducting his own discovery, but responding to the plaintiffs discovery request.
The employees need to talk to their own attorney ASAP about any destruction or concealment of documents, their attorney can go back into court and get a TRO or injunction slapped on the employer to stop that shit. Normally choosing people who are directly affected to search for and destroy documents is a stupid idea since they tend to (a) not really destroy them, (b) make copies), and (c) testify about it against the employer later. Of course if there is no attorney to consult and no case actually filed yet then there is no real suit to begin with, just break room BS.

[AZSherman]

Thanks, TRO-Yes-there already has been an order issued in this case TO IMMEDIATELY STOP DESTRUCTION OF ALL DOCUMENTS!! And my employer has until this Monday to produce whatever documents remain-by threatening us with termination if we do not comply and join in the search with those employees who did not sue. 1600 of us are members of this class action. It is a gigantic suit and deals with non-payment of "on-call" service-specifically, the failure to pay $1.00 per hour of on-call duty. We have already been ofered a large settlement, and I believe that all1600 have rejected this first offer. I would think it would at the very least be stupid for my employer to compel those of us in the plaintiff class to join in this fruitless search for the very reasons you have stated . Our attorneys have been consulted, and are supposed to have us an opinion by 0800 today. I just wanted to see what folks on this board had to say first, because I somehow trust gun folks more than most!!! Thanks again!!!!;)

[284]

Legal advice?
Never hire a $50/hr lawyer.

[DATMan]

Originally posted by Congoloid
Legal advice?
Never hire a $50/hr lawyer.

Actually I once knew some attorneys who were bemused by the fact that they had lost a business account from some pathetic idiots that thought the exact same product was better if they paid half again as much for it from someone else. "If it costs more it must be better." Well, I guess that mentality is not unique to purchasing legal services, come to think of it.

:rolleyes:

[284]

Datman:
Products usually have things like quality of materials going in, or machining instead of stamping, thus higher costs usually mean higher quality product.

However, I've seen more people fucked over by some $50/hr lawyer who said, "Yeah, I can do this".
The $200/hr lawyer sitting at the other table had about 10 years experience in that field and actually KNEW the law.

Those $50/hr ones also wind up costing just as much becasue they have to make up for knowledge and familiarity with time and research, continuances and the like, while they figure things out.

What's worst is when you're in divorce court and the other person has one of those dime store lawyers. With all the continuances granted so they can figure out where they are and where they need to go, it's costing you real money because you have a real lawyer.

Granted, that's a generalization, but I've seen it on more than one occasion.