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What do I do when no attorney will help me file in court?

Athens, GA |

I will receive a right to sue from the EEOC in the next few days for my ADEA based claim. My employer had agreed to mediation but then pulled out. I have been looking for attorneys but I am a little guy with not much money. I have 90 days to file in court. What do I do? I know employers do this because they think that the little guy will just give up because they don't have much money for a good attorney, but I don't want to because age discrimination is wrong and I want to fight. What can a little guy do?

Thanks for your answers. It's all about the money as the EEOC has completed the investigation and found discrimination. They just won't litigate for me, but gave me a list of Georgia attorneys that all want $5,000 to $15,000 in retainers at $225/hour or more. I'm still looking for a pro bono attorney. I apologize because I think I worded the question wrong. I have attorneys that will do it - but they are out of what I can afford to pay.

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Attorney answers 3

Best Answer

First, you can keep looking for an attorney who will take your case. You still have plenty of time to file since you have not yet received your notice of right to sue from the EEOC. There are plenty of attorneys who, for the right case, will accept your case without requesting a large retainer. Don't give up your search. Second, if the 90 days is about to run, and you still cannot locate an attorney to take your case, you can file it on your own in the Clerk's office of the U.S. District Court. They will provide you with the necessary forms. Then, once you file, you can continue your search for an attorney before you even have the Employer served with your Complaint. Good luck.

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If no attorney will handle your claim because you cannot pay and you have checked into hiring a pro bono attorney, you should consider doing your research and handling the matter yourself. Employment matters are extremely difficult even with an attorney. So, unless you're willing to put in the work and learn the risks for future employment, you may want to let it go.



Thanks so much. Still searching for a pro bono attorney now.


Here is a different point of view than what has been provided by the other responding counsel:

If you have shopped your case to multiple attorneys who actively practice in the subject matter of your case, and if none of those attorneys will take your case, then you have received the very valuable service of an expert collective evaluation and assessment of the worth and value of your case and you should pay attention to that judgment. There is never a shortage of attorneys who will take a good case. When no one wants to work on a case, it is for a financial reason -- they know it will be money and time and effort that does not pay a return on the investment. You will be doing yourself no service to stumble into court and try to learn by doing. The judge will make hash of your case in short order and you will have invested even more time, emotions and effort -- and $$$ -- for no realistic reason.

If you were going to sell your house or your car, you would pay attention to the appraisal and govern your price accordingly. You've had an "appraisal" here of your case. Pay attention.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.



Thanks for your answer. It's all about the money. The EEOC found discrimination in my case but said that they can not litigant for me. They gave me a list of attorneys and all of them want $225 to $400/hr with $5,000 retainers and I just can't afford it. I'm just going to keep searching because I don't want to give up but thank you. :)

Christine C McCall

Christine C McCall


Try for attorneys who routinely take employment discrimination cases on contingency -- no attorney fees are charged unless and until there is a financial recovery in the lawsuit from which to pay the fees.

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