Thursday, October 28, 2010

Unbudging Nursing College, Questionable Legal Representation

  My lawyer gave an explanation of my very poor situation and his recommendations one more time on Oct. 26:

Mr. Diggs,

  You have to make a choice between the following 2 options: to settle with the opposite parties or ask the judge to make the decision on Thursday's hearing.
  Regarding your speculation "if the nursing college decides that...," there is no such possibility. As I told you many times, the NTCN's basic strategy is to deter its decision or your appeal of sexual harassment investigation. If there is no final decision about the civil law case, no decision of your appeal would be made.
  Reaching a settlement is more admissible for you because it will resume the appeal process in NTCN and might create some advantageous conditions for the administrative law case. My speculation of the administrative law case is: the administrative court will procedurally reject your claims and kick the case back to NTCN. The NTCN teacher's appealing committee will not do any decision until there is a final decision about the civil law case. If you settle, the above committee will resume your appeal process soon (but might still not be in your favor). If you do not settle, the above appeal will keep suspending.
  If the "cultural misunderstanding" wording is included in the settlement, even if the above committee decides against you, you could use this in the following administrative remedies, which might earn you favorable decisions about the sexual harassment investigation.
  You should bear in mind, the judge or I do not owe you any obligation to produce a settlement or even a proposal of your offer to you. Of course I'll give you suggestions as I always did, but it's still your responsibility to work it out. So far, you still stick on a proposal turned down by the opposite parties in the latest hearing. This is not helpful at all in reaching a settlement. Not to mention that the opposite parties have no obligation to accept your proposal beyond there capacity. As I reminded you for several times, they need not to accept your offer because they know it very clear from the judge that they are going to win.
  Regarding your "letter to the judge," I will not translate it until you give up your intention to settlement. Besides, if you want to ask the judge to subpeona other witnesses, you have to introduce people other than you and at the same time persuade the necessity of such subpeona with the judge. Furthermore, I suggest that the judge would be very sorry to hear your arguments. Although I do not know how much time the judge let (the defendant) spoke, I remember that you was given much time to speak and consider the settlement in the latest hearing. In fact the latest hearing lasted for almost an hour, which is not common.
  The Thursday hearing will be 09:40 in courtroom no. 29. See you then!

regards,

Attorney Tu

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