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Pro se litigant can’t start over after firing counsel

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in Discrimination and Harassment,Human Resources

Some litigants don’t want to listen to their attorneys when it comes to case management. That can make it difficult to settle a case or even cooperate with the other side. And things can get worse if the employee fires counsel and wants the equivalent of a do-over. Fortunately, most judges won’t let that happen.

Recent case: Monique was terminated for alleged time recording violations. She sued for retaliation, racial harassment and discrimination. However, during her deposition, she largely admitted that the racial slurs she allegedly heard hadn’t happened. Perhaps realizing she had damaged her case, she fired her attorney and asked the court to start over.

The court refused, noting that discovery was already closed. The case was dismissed. (Jackson v. Federal Express, No. 12-CV-1475, 2nd Cir., 2014)

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