Just Who Is My Lawyer Representing?

  Well, just as I suspected, I'm getting jerked around on this "settlement" being forced on me by the judge and my lawyer. Late last night I got an email from my attorney with an attached draft of our proposal for the settlement. To my astonishment and disbelief, this is what his draft said (in both Chinese and English):

 

和解建議方案

（Settlement Proposal）

一、  本件訴訟係因原告柯赤子與被告 ---間，因文化差異所生誤會而起。(This lawsuit originates from cultural misunderstandings between the Plaintiff, Mr. Curtis W. Diggs, and the Defendant, Ms. ---）

二、   原告同意撤回本件訴訟。

         (The Plaintiff agrees to withdraw this lawsuit).

  Three weeks after the previous court hearing, this is what my lawyer had done!

  Here was my response to his draft proposal:

Attny Tu,

  Thank you for the draft proposal. Is it really just these two short parts?
  More importantly, the draft as written is not according to what the judge said to me through the interpreter, nor is it according to what you told me. My lawsuit did not originate from a cultural misunderstanding between the two parties. The false sexual harassment accusation, the investigation by NTCN and their wrong decision "originated from a cultural misunderstanding." I have modified the draft to correct this.
  As told to me by the judge and you, the settlement is supposed to include information and language that will lead to a favorable decision by the admin high court and/or the NTCN teachers committee to overturn the sexual harassment decision and correct my record in the MOE. Anything less is useless and no reason for me to agree to a settlement, right?

  Here is my revision of his draft proposal:

 

1.   This unsubstantiated case of sexual harassment, initiated by the National Taipei College of Nursing,  originates from a cultural misunderstanding between the defendant, Ms. ---, the National Taipei College of Nursing, and the plaintiff, Mr. Curtis W. Diggs Jr.

2.   The plaintiff agrees to withdraw this lawsuit while the defendants agree to _______________.

  On Oct. 5 I had emailed him with what I thought were very clear and reasonable conditions for a possible settlement. What I got back from him yesterday was absolutely nothing like the proposal I had sent him! Here is my Oct. 5 email:

Attny Tu, 

  Here is my revised proposal for the settlement:

  1a)   In the settlement, the nursing college should acknowledge that I made several attempts before and during the investigation, and for another 5 months after the nursing college GE committee decision, to settle this "cultural misunderstanding" with the nursing college prior to filing the civil lawsuit.

     b)   Most seriously, after the decision, NTCN and the MOE repeatedly and  unreasonably refused to accept my appeal to them - for 5 months prior to my filing a lawsuit.

c)   All these actions prevented a reasonable and amicable early settlement of this "cultural misunderstanding."

    d)   NTCN should further word the settlement so that it is clear there is reasonable  doubt about the accuser's claim she was touched and there is insufficient proof of sexual harassment - NO sexual harassment happened.

2.  The settlement document must be in both Chinese and English and both versions signed by both parties to acknowledge the versions are the same.

  My meaning in item number 3 of the original proposal is that if the nursing college writes into the agreement anything prohibiting me to sue them later in civil, criminal or administrative court I will not agree to such a clause...UNLESS it is reworded to say that "If the administrative high court or NTCN correct the sexual harassment decision and my record in the MOE is officially cleared (with documentation given to me), then I agree not to file any further lawsuits against the accuser, NTCN or the MOE." I hope this makes this point clear and my proposal is now concise enough. 

Note: As of sometime this year, the school changed its name to the National Taiwan University of Nursing & Health Sciences (國立臺北護理健康大學).