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  1. #1
    Join Date
    May 2009
    Posts
    6

    Default Violation of Non-Solicitation Clause

    My question involves court procedures for the state of: GA

    Basically i may be getting sued for breach of a non-solicitation clause. i have spoken to many lawyers who say slim to none chance of me losing this case, but i dont have the money to hire an attorney. my non solicit clause states that i will not provide service to anyone who i previously worked for. the problem is i am a medical provider, and i have worked with basically every insurance company, medicaid, etc. so i would not be able to work for anyone.

    so my question is how damaging to a case is defending yourself? and if you lose, can i then hire an attorney and appeal? if i were to find an attorney to provide these services to me, what would be the chances of the plaintiff covering my attorney's fees? thanks for the help

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Getting Sued (Possibly)

    If you cannot afford to hire an attorney now, what would put you in a financial situation to hire one if you lose?

    If you do lose, you have 30 days to hire an attorney, for that attorney to review your case and the court transcripts, and to file an appeal if he/she thinks that an appeal would work in your favor. Add that cost to the additional attorney expense to prepare and argue your appeal, then subsequent costs to defend you if said appeal if granted; thousands of dollars!

    Honestly, the timeline is too short. Hire an attorney now and you might just save yourself considerable costs and aggrevation! As for the plaintiff covering your court expenses if you were to prevail; not generally.

  3. #3
    Join Date
    May 2009
    Posts
    6

    Default Re: Violation of Non-Solicitation Clause

    thanks for the reply.
    well i guess i could afford one if i sold everything i own, asked for loans etc. but as for a business decision, how far behind the 8-ball are you for defending yourself, vs shelling out 5-10 thousand for an attorney? i have mounds of damaging evidence against these people, along with the fact that i could have no job if i were to honor this clause, so i couldnt see the case being contested too much at all. i mean i dont want to pay 5k for my chances of winning this case to go from 90%-95%.

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Violation of Non-Solicitation Clause

    Well, 90-95% is better than 50/50 which is where you stand at the moment without legal representation. And if you chose not to hire an attorney and you do lose your case, the non-solicitation clause stands; putting you even further behind the provervial 8-ball. Honestly, that's a realistic statement. Are you willing to take that chance?

    Ask yourself this; can you afford NOT to hire an attorney?

  5. #5
    Join Date
    May 2009
    Posts
    6

    Default Re: Violation of Non-Solicitation Clause

    thanks for the help
    one more off subject question that may be an issue, i actually quit this job for about a month 2 years ago, then didnt like my new situation and went back. should i have signed another contract or is the old one still enforceable? i didnt sign anything new and basically just went back. thanks

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