Can I pay someone to review my complaint before I file it?

[mrsjohnson]

What is the name of your state (only U.S. law)? GA

I need to file an individual lawsuit pretty quickly against a company before a class action is filed against them. I have to handle this pro se right now until 1.) I can raise enough money for an attorney through GoFundMe or 2.) My complaint will inspire an attorney to take it over on contingency. I know I have a good case because a big firm is pushing me to sign the contract they overnighted to me. This same firm recently brought a class action against another company for the same thing. That is how I found them. But after doing research on class actions and reviewing their contract, I just don't think this is going to be best route for me.

I've been up since 2am so my brain is fried but is there a service, online or off that anyone is aware of that I can just pay an attorney to review my complaint before I file it? Or is that illegal?

Too bad there isn't such a thing as legal aide for civil lawsuits because I could sure use some help!

Thank you.

 

[adjusterjack]

is there a service, online or off that anyone is aware of that I can just pay an attorney to review my complaint before I file it? Or is that illegal?

It's legal if an attorney does it.

It's the unauthorized practice of law if anybody else does it.

You would have to call around to a lot of attorneys before you are likely to stumble across one that will do piece work like that.

But they are out there.

 

[mrsjohnson]

It's legal if an attorney does it.

It's the unauthorized practice of law if anybody else does it.

You would have to call around to a lot of attorneys before you are likely to stumble across one that will do piece work like that.

But they are out there.

That's great news! There must be some entertainment value in the pro se complaint that might make it a worthwhile read right? Morbid curiosity?

 

[quincy]

What is the name of your state (only U.S. law)? GA

I need to file an individual lawsuit pretty quickly against a company before a class action is filed against them. I have to handle this pro se right now until 1.) I can raise enough money for an attorney through GoFundMe or 2.) My complaint will inspire an attorney to take it over on contingency. I know I have a good case because a big firm is pushing me to sign the contract they overnighted to me. This same firm recently brought a class action against another company for the same thing. That is how I found them. But after doing research on class actions and reviewing their contract, I just don't think this is going to be best route for me.

I've been up since 2am so my brain is fried but is there a service, online or off that anyone is aware of that I can just pay an attorney to review my complaint before I file it? Or is that illegal?

Too bad there isn't such a thing as legal aide for civil lawsuits because I could sure use some help!

Thank you.

mrsjohnson, please stop starting additional threads on this same topic. One thread is sufficient. The others will be deleted. Thank you.

There are attorneys who will work on an as-needed basis for clients and there are attorneys who will work out payment plans for those who cannot afford their services otherwise. Law schools have legal aid clinics that might have someone available to read over a contract.

 

[justalayman]

I suspect it won't be too difficult to get an attorney to review your complaint for pay. They aren't likely to offer much more than advice on the form of the complaint and not so much the content as that draws them into being considered the author of the complaint. It establishes a relationship between you and the attorney they are not likely to want to establish since they are not signing on to be your representative.

 

[quincy]

That's great news! There must be some entertainment value in the pro se complaint that might make it a worthwhile read right? Morbid curiosity?

Attorneys do not look to read complaints for their entertainment value. If you have a legal action worth pursuing, you have a legal action that is worth the cost of an attorney-review.

Many pro-se litigants will lose their actions at the very beginning of the suit by not knowing the rules of civil procedure.

As a word of caution: You have a business that can be affected negatively by any legal action you consider. Please weigh all options carefully before moving ahead.

 

[mrsjohnson]

Demand Letter Instead?

I'm 1000% confident that I have this company on violations of two different Federal Statutes, one twice and the other multiple times. In reviewing this case in particular, which I'm somewhat modeling mine after, I may also have breach of contract and negligence: http://dcwintonlaw.com/wp-content/uploads/2011/04/1-main.pdf.

If I could settle this thing without filing a lawsuit, I think it would be a win, win. I get let this go and move on more productive things and they could save the costs of defending a suit. So my next question is... Can I send a demand letter and offer to settle this for a $ amount before I file or would that be considered extortion?

Edited to add the wording in my demand:

I sent an Intent to Sue letter _____________ which was ignored. I have given _____________ every opportunity to correct errors and assist me in _____________ in an effort to avoid costly litigation to no avail. I strongly suggest that you forward this letter to a member of your legal team to contact me to settle these issues as soon as possible otherwise the next bit of correspondence that _____________ receives from me will be in the form of a Federal Complaint for violations of The Homeowner’s Protection Act and RESPA.

 

[not2cleverRed]

I fear for anyone who is 1000% anything.

Legally, precision is better than exaggeration.

 

[mrsjohnson]

I fear for anyone who is 1000% anything.

Legally, precision is better than exaggeration.

I'll rephrase it to say that the law firm that sent me a class action retention agreement is 1000% confident that this company has violated. That actually makes me a zillion percent confident.

 

[CTU]

OP, you do understand that being contacted by a firm hoping to cash in on a class action suit does not mean your case has any merit at all ... right?


The only people who are ever 1000% sure that they a) actually have a case and b) have a slam-dunk case are those representing themselves. Odd, that.

Edit: Oh dear. You really have no idea what you're doing here. You're going to fail spectacularly until and unless you hire an attorney.

 

[CTU]

I'll rephrase it to say that the law firm that sent me a class action retention agreement is 1000% confident that this company has violated. That actually makes me a zillion percent confident.

Out of interest, can you afford to pay the other party's legal fees?

Do you understand that they can bury you financially before you even set foot in the court-house?

Oy vey.

 

[mrsjohnson]

OP, you do understand that being contacted by a firm hoping to cash in on a class action suit does not mean your case has any merit at all ... right?


The only people who are ever 1000% sure that they a) actually have a case and b) have a slam-dunk case are those representing themselves. Odd, that.

Edit: Oh dear. You really have no idea what you're doing here. You're going to fail spectacularly until and unless you hire an attorney.

While I appreciate your concern, I can read and understand the law so my case as merit. This is not a complicated thing I'm dealing with and you do lack many details. What I don't appreciate is your insinuation that I'm that ignorant and that I will fail. You can't possibly know that and it is a speculation on your part. Further you don't know me or how smart or dumb I really am. I will guarantee you that if I went to law school, I would excel. I would pass the bar the first time. Do you know why this is true? Because everything thing that I've ever applied myself in and tried at, I have succeeded. That is not to say that it would not be hard work because it certainly would be. But I would do it because that is what I do.

I don't want to be a lawyer. I want to be treated with respect and fairly in my business dealings. This company violated Federal Statues and owes me over $1000. That is not a lot of money but it is the principle of the matter combined with the fact that they know they continue to break the law. They lost a Motion for Summary Judgement on the very same issue, they know.

 

[mrsjohnson]

Out of interest, can you afford to pay the other party's legal fees?

Do you understand that they can bury you financially before you even set foot in the court-house?

Oy vey.

No I can't afford the other party's legal fees. If I have to file bankruptcy to fight this thing I will. I don't own anything and my business has not yet made a real profit so what will they get? The answer is nothing. They will get nothing.

Anyway there is thing called the American Rule. Heard of it?

 

[Zigner]

Anyway there is thing called the American Rule. Heard of it?

Perhaps you need to understand it before you snidely ask if we've heard of it

 

[quincy]

I'm 1000% confident that I have this company on violations of two different Federal Statutes, one twice and the other multiple times. In reviewing this case in particular, which I'm somewhat modeling mine after, I may also have breach of contract and negligence: XXX.

If I could settle this thing without filing a lawsuit, I think it would be a win, win. I get let this go and move on more productive things and they could save the costs of defending a suit. So my next question is... Can I send a demand letter and offer to settle this for a $ amount before I file or would that be considered extortion?

Edited to add the wording in my demand:

I sent an Intent to Sue letter _____________ which was ignored. I have given _____________ every opportunity to correct errors and assist me in _____________ in an effort to avoid costly litigation to no avail. I strongly suggest that you forward this letter to a member of your legal team to contact me to settle these issues as soon as possible otherwise the next bit of correspondence that _____________ receives from me will be in the form of a Federal Complaint for violations of The Homeowner’s Protection Act and RESPA.

First, you mention in your first post that you must file your lawsuit before a class action is filed. This is not true.

Second, a settlement demand letter is not extortion.

Third, you appear to be in over your head. It is clear from your postings that you do not know what you are doing but your legal concerns go beyond the scope of what a forum can offer.

I recommend you borrow money for an attorney consultation (and not through a GoFundMe posting) before you risk making yourself a target of a lawsuit.