I’m a plaintiff’s side employment attorney. Twice in the past 6 mos, I have begun communications with defense counsel about prelit settlement, only to have them suddenly disappear and stop responding to all my calls/emails. These were attorneys at established firms where I would expect professionalism. The employers were pretty small businesses who seemed shady, so part of me wonders if perhaps there was an issue with them and the firm couldn’t disclose it? Defense attys? Is this a thing?

like
Posting as :
works at
You are currently posting as works at

If it’s prelitigation, then maybe they’re just not interested in settling or the initial demand was sky high and not worth wasting time/money discussing. I’ve had a handful of cases disappear by simply ignoring or going MIA.

like

OP, knowing that, my money is on the client stopped paying, attorney fired client or vice versa

like

If they were small, shady businesses, there's a decent chance they stopped paying their counsel.

like

You are correct. The firm should respond and say they are not representing the client anymore.

like

At my prior firm, I had to sometimes ghost plaintiff’s counsel in prelit communications because the client wouldn’t respond to me, provide me enough info to respond, or just wanted me to not reply and see if plaintiff filed a complaint.

There are ways of giving plaintiff’s counsel a hint at what’s going on without breaching attorney-client privilege, usually best communicated over the phone. But sometimes you really aren’t in a position to say anything.

like

Yeah, I guess I thought they would return my call and just kind of hint at the situation, or just say, I don’t think we are interested in negotiating right now. But I suppose that might not work under these circumstances.

Certainly as a plaintiff’s attorney, we sometimes lose contact with clients and it can get awkward. But we can’t just go silent forever because we are the ones driving the ship, so eventually we have to come up with something 😆

like

Defense side employment attorney here.

Often when this happens the client has instructed us to just ignore you. We can give our advice and say it’s best to respond to prevent litigation, but it’s their final call.

like

Also a plaintiff-side employment lawyer, and this has happened to me plenty of times. Sometimes it turns out that the client stopped paying their lawyer. Small business defendants also sometimes do the turtle tactic, going into hiding and hoping you go away. I’ve also had cases in which the non-responsive defendant hired a new lawyer after I filed a complaint, which suggests that the initial lawyer dropped the ball. The defendant might also be testing you, thinking that you’re bluffing and wouldn’t sue them.

like

I’ve had this happen a few times. I usually email something along the lines of: “I would appreciate the professional courtesy of a response. Please let me know if your client is no longer interested in settlement discussions so I can advise my client accordingly.” That usually does the trick and I’ll get a response one way or another.

like

I definitely sent a similar email dropping the “professional courtesy” line and got zip.

They either aren’t getting paid or your demand was too big to warrant a response.

like

Related Posts

Hi All,
Anyone from strategy and transformation team?

like

Has anyone faced 221G during USA H1B visa process?

My husband said he would buy me a Rolex as a “push present” for our first child. I would want just a classic, timeless (no pun intended) looking ladies Rolex watch that I can wear for many years to come. Suggestions on a style? I really don’t know anything about them and would like to get some opinions on what people like since there are so many options.

like
like

In 0-10 scale, How would you rate NIQ in terms WLB?

helpful

So I used to work for a company where my job was good, was a director of business solutions for a fashion brand. Only issue was that the CFO micromanaged and ended up leaving. My background is digital transformation however I took an infrastructure position to rebuild a provincial healthcare system. I always lacked the hardware side and thought this was a good move but I feel like I’m losing my digital skills and don’t enjoy the work. I’m in it for 7 months now.

like

Cant open iBegin TCS portal, anyone else having this problem right now?

like

How is it like to join Virtusa as a fresher?
Please share your feedback

like

I have total 4.5 years of experience in pentesting
Certs: CEH, OSCP and CRTP

What should be my expected CTC? My current is 12.5L

like

Anyone know if deloitte allows part time CPT? My full time CPT ends in May and been emailing immigration but no response.

like

What is average cost of living near jp morgan office in bangalore? (PG/ Flat/ Apartment)

like

Hello Fishes.

I am having 2 years experience in SAP MM, SAP MII and Supply Chain Management with a popular certification. I am understanding what kind of opportunities I can get in ZS India. Can anyone be kind enough to throw a light?

like

What is your motivation to stay in IQVIA, India given the pay here is avg/below avg compared to market standards and learning curve is also not very steep?

like
like

Need 11 likes for DM pls support

likesmart

Can I ask at what age people are typically buying their homes here in LA? Wondering at what age people are able to take the plunge.

like

What are the benefits of being licensed in multiple states? Do you use all of your different law licenses at least once a month?

like

Is it easy to transfer within Accenture, e.g. if you wanted to leave CEO & ES for another area?

like

Those who got the offer from luxoft romania. Comment below. Have whatsapp group will add you in that.

like

How much is coforge offering for yoe 6 java developer?

like

Additional Posts in Labor & Employment Attorneys

Is there a way to practice L&E in the government realm? If so what’s a good way to find these positions? Thanks!

like

Looking to change practice area to employment law - tips?

like

Making the switch from plaintiff to defense L&E in January. Would love any and all tips from people who’ve made the jump (including partners who may have supervised these types of attorneys!)

like

Any NJ attorneys? Looking for Labor and Employment Attorney 4-6 years of experience. Pay range $220,000-$250,000

like

Any insight into Ogletree Atlanta?

like

Any NJ/PA Labor and Employment attorneys looking to lateral? Working on multiple AmLaw opportunities.

like

What plaintiff’s firms are known for offering their attorneys the highest salary?

likefunny

Anyone work at Allen Norton & Blue? Any insight on salary and work life balance?

like

Can someone walk through a general day-to-day if an in-house employment lawyer? Thanks in advance!

like

Hello, I’m an associate (almost at the one year mark) at a midsize firm on the EPL team. I did about 2 years of employment law as a clerk during school and know that’s what I want to go into. I’ve asked for more EPL work but keep catching PI cases. I second-chaired an employment trial but don’t see any EPL work for the foreseeable future and wasn’t getting as much EPL exposure as I wanted before the trial. Any advice on a lateral move to a bigger firm with a broader range of EPL work?

like

Are there any protections for an employer who has a server that received a very large tip? For example, what if the customer says they never meant to tip that large amount?

like

Has anyone here gotten a job through FB or, if you’re a hiring atty, recruited a good candidate?

like

How many rounds of interviews for Jackson lewis? How long is the whole process from application to getting offer/rejection?

like

I’m working at an insurance defense firm, trying to target my practice to L&E. I’m overworked and underpaid, but gaining valuable experience I hope to pivot toward an eventual in-house counsel position. I recently was offered an opportunity to lateral to a national firm for a significant pay increase (150% salary increase, much better benefits, hybrid WFH options). Problem-I would be shifting gears to Toxic Tort. I’m torn between my passion and the money. I’m a second year associate. WWYD?

like

Hi, looking for some general advice please. 4 years litigation experience, 2 years international commercial. Really interested in getting into l&e, but no idea where to start? Any particular courses, newsletters, groups, other? Thank you!

like

I am starting a new job where I will be investigating sexual discrimination cases. Employment law will be a new practice area for me. Do you have any recommendations on good learning resources? Any treatises?

like

Has anyone ever negotiated/been offered a signing bonus and/or relocation bonus with the Big 4?

like

Honest answers only: what got you interested in this industry? Do you enjoy your work?

helpful

What's the hiring process like for a littler case smart attorney? Is it easier to get a case smart position compared to an associate position? Not that I want to be an associate there, but just trying to see if I have a solid chance.

like

Anyone have with recent experience interviewing/hiring with FP? Most of what I found online is from pre-covid but it sounds like things might have changed a bit.

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal