Looking for legal advice in NYC
May 10, 2014 8:13 AM Subscribe
Asking for a friend. We are looking for a lawyer or firm that does civil litigation. Buuuuuuuuuut we need them to review the case first and say whether there is
a case. Is that sort of consultation included in the (hopefully) contingency fees or would it be billed separately?
posted by feckless fecal fear mongering to Law & Government (10 answers total)
15 years ago my friend did some touring backstage work, 3.5 years total. Was, therefore, required to join Equity, which also required mandated pension deductions.
What they didn't tell her before signing the contract was that you must put in four years to get your money paid out back to you, and you must be vested in the plan at age 65 to collect.
So there's currently something like $1.2bn sitting around that Canadian actors (due to short runs, also due to being fired then rehired) put into pension plans via Equity when working in the USA, but cannot get back.
In an ideal universe, she'd want to file a class-action lawsuit against Equity. If she has a case (IANAL but I don't think she has a case at all; the contract explicitly states that all Rules and Regulations are considered to be within the scope of the contract she signed. Also, are there statutes of limitations on civil suits? Nevertheless, I feel this is a windmill worth tilting at).
So the first thing we need to do is figure out if she has a case at all. I'm assuming that's the kind of thing that takes lawyers very little time, and could probably be done by phone (with relevant documents emailed). Traveling to NYC is not, at this time, feasible.
Second, if there is a case, she needs a good lawyer who works on contingency to take this to court and get it certified as class action.
(Obviously the simpler solution is just for her to take short contracts every year in the USA until she turns 65, but that seems unlikely.)
So, given what I've laid out above, can anyone recommend a decent lawyer? TIA.