James M Terry Jr.

James Terry

Brynn: While attorney-client confidentiality prohibits me from addressing your specific case or the specific allegations you made in this forum, in general, our firm’s standard attorney-client agreement in employment related matters is to represent a client through the EEOC process. That attorney-client agreement terminates when the EEOC issues a right to sue letter – a letter typically issued when the EEOC’s investigation fails to find evidence of unlawful conduct on the part of the employer. Our standard agreement specifically states that it is “not an agreement to file a lawsuit against the employer or for the attorneys of the law firm . . . to represent you in the litigation of your claims.” After the EEOC issues the right to sue letter – a process that can and usually does take approximately 6 months (or more), we discuss with the client the pros and cons of proceeding further given the facts, available evidence, and information obtained through the EEOC’s investigation. Because we pursue these cases on a contingent fee basis – meaning we are not paid for our time or expenses unless we recover compensation for the client – that discussion necessarily requires us to evaluate the likelihood of prevailing given the facts, circumstances and law applicable to the case. The expense of merely filing and serving a federal lawsuit is about $500. Our evaluation is especially important in situations where a client could be ordered to pay the defendant’s attorney’s fees and expenses should the case be dismissed due to a lack of evidence to substantiate the claims – fees and expenses that could be thousands of dollars. Our evaluation also requires us to determine the likelihood that a defendant/employer would even be able to pay a judgment should we succeed at trial. After taking into account all of these and other considerations, we make a determination whether to continue to represent a client on a contingent fee basis or withdraw from representation to allow the client to seek another lawyer to pursue their claims. Another lawyer may evaluate these factors differently, and we encourage clients to consult with other lawyers should they wish to pursue their claims further. We strive to make every client happy, but we are not able to file a lawsuit in every case. I am sorry that we were unable to pursue your case further and were forced to withdraw, but I hope that you were able to get the resolution to your case that you were seeking. I wish you the very best in all your future endeavors.