I ran for school board and one of my opponents (incumbent) went to a citizen's house & ques the man about my campaign sign on his lawn. A heated confrontation ensued and neighbors came out to break up the dispute. The man's daughter called me very upset to tell me. A police report was completed. I reported it on my campaign blog. The man filed a libel/slander suit against me. I'm now represnted & my atty sent a letter that there were no damages & to drop the case. 45+days have passed & haven't gotten a response. My atty is billing me for interrogatories that haven't yet happened and research and the bill keeps climbing and I have no resolve. The man & I both got elected and he is the pres of the BOE & just got a better job. What should I do next and what are my rights now? VERY POLITICAL!
Employment / Labor Attorney
There's no painless way out of a lawsuit once it is filed. Expect to spend at least two years in litigation before your case is called to trial, so expect legal costs to mount dramatically. From your sparse set of facts, I cannot state that your attorney is doing anything unreasonable. If you want a second opinion, my office is in Woodbury and I have experience in libel/slander cases.
A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. email@example.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.
Interrogatories are due from a defendant 60 days after filing an answer. It sounds like your attorney is trying to properly defend you, but you could always ask him or her to hold off on responding to discovery demands and doing research while making further attempts to get the lawsuit dismissed - perhaps by suggesting mediation. Short of formal mediation, where you'd both have to share the costs of the mediator's time and pay both of your attorneys, isn't there anyone you both know and trust who can help the two of you resolve this dispute short of a lawsuit? If it's a political dispute - is there a political solution?
This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.
1 lawyer agrees
Administrative Law Lawyer
Try making an approach outside of the context of the lawsuit. Send him a very funny but candid card with a personalized message congratulating him on his victory and bemoaning that you and he will have to go another 10 rounds. If that doesn't work, have a bakery make a giant cookie with a funny and pointed message on it. If that doesn't work, propose that the two of you settle the matter with three rounds of Jello wrestling for the benefit of a local charity. Start joking about the lawsuit that will not die with the people that the two of you both know. Let your good nature and humor about the situation be visible to everyone, with no lapses. (Fake it til you make it.) Eventually he will be worn down. No one can sustain their fervor for a fight without any push-back. A serious fight requires a serious opponent. There are many paths to getting out of a lawsuit. Some of them don't require lawyers or fees or deadlines or ....
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