Q&A

Does attorney client privilege extend to consultants?

Does attorney client privilege extend to consultants?

When answered in the affirmative, the consultant is “in all relevant respects the functional equivalent of an employee” and communications between corporate counsel and the consultant may be covered under attorney-client privilege.

How do I reject a low settlement offer?

Always reject a settlement offer in writing. Type a letter to your contact at the insurance company listing the reasons you think that their offer is too low. Back up these reasons with concrete evidence attached to the letter. Finally, provide a counteroffer of a sum you think is more reasonable.

Can a delay of discovery extend the Statute of limitations?

Each case stands on its own merits, and the cause of the delay of discovery must be reasonable. To convince a court to extend the limitations period, your attorney must prove you couldn’t have reasonably discovered evidence of your injuries until after the statute of limitations expired.

Is there a way to extend the Statute of limitations?

With assistance from the Cada decision, here are some key definitions and distinctions relevant to the many doctrines that may be employed to extend a limitations period: Statutory discovery rule. When a statute itself ties the limitations period not to a violation of the law but to the “discovery” of it.

When is the deadline to file a lawsuit against an estate?

Under CCP 336.3, these types of claims must be filed within one-year of the decedent’s date of death even though you file a claim in their estate. In other words, different claims against the estate are treated differently for lawsuit deadline purposes.

When is it too late to sue a government agency?

Often you cannot sue a government agency unless you first file an administrative claim with the city, county, or state of which the agency is a part. And you may have as little as 60 days to submit an administrative claim.

When to file a discrimination complaint with DFEH?

You must file your complaint within the applicable time period or you cannot file one, and you lose your right to sue your employer. You must meet these time limit requirements: File your complaint with DFEH within one year of the last act of discrimination. File your complaint with EEOC within 300 days of the last act of discrimination.

How long does it take for DFEH to make a decision?

However, it does have a certain time period to investigate the complaint and make a decision. You can expect the following to occur: Within 60 days of filing your complaint, an investigator from DFEH will contact you via telephone to conduct an intake interview.

Can you file a lawsuit under the Fair Employment and Housing Act?

You cannot file a lawsuit for violation of a federal civil rights law like Title VII of the Civil Rights Act of 1964 or California’s Fair Employment and Housing Act (FEHA) without first filing an administrative complaint. You definitely want to file a complaint with the DFEH to preserve your right to file a lawsuit under the FEHA.

Often you cannot sue a government agency unless you first file an administrative claim with the city, county, or state of which the agency is a part. And you may have as little as 60 days to submit an administrative claim.