Quick background on my situation — any input appreciated.
member expelled from LLC. I've been dealing with this for about 2 months now and the situation isn't improving.
I have already consulted briefly with a lawyer but the other party is not cooperating.
Should I hire a lawyer for this or try to handle it myself?
I've seen this play out several times in my field.
The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
I went through almost the exact same thing.
What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.
I've seen this play out several times in my field.
The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.
Attorney here. Here's my take on the legal issues.
Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.
I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.
This is a great example of why reading the terms of service matters. I know it's tedious, but at minimum, check: (1) arbitration clauses, (2) liability limitations, (3) auto-renewal provisions, (4) cancellation procedures, and (5) class action waivers. These 5 sections tell you most of what you need to know.
Small claims court update: filed my case, hearing is in 6 weeks. The filing fee was only $75 and I don't need a lawyer. The court clerk was actually very helpful in explaining the process. If your claim is under $10K (or $12.5K in some states), small claims is the way to go.