Legal Advice! Help!

Try finding an attorney that will take the case on a contingency fee basis. That means, he only gets paid when you win the case.

Keep looking, don't get frustrated and give up.

 

By the way, I'm an attorney. And while I have never had to look for representation, the above would be my advice to you. Perhaps MadMax, (another lawyer on these boards) could give some advice on how to seek counsel. Try Private Messaging him.

There are many out of work lawyers and I'm sure if you dig deeper than the google results that pop up, you can find someone who could represent you if the damages are considered worth their time. If you pick a very successful and busy lawyer, the damages wouldn't be worth their time and effort. Those lawyers would rather be guaranteed payment up front and a certain high amount of damages. But if you find less experienced lawyers and they think the case wouldn't be too hard, they would work for less and would also work with less of a guarantee on payment. Young lawyers, straight out of law school, may see it as an opportunity to get experience and a little money on the side. Just make sure that your lawyer isn't incompetent: be a little hesitant with the South Texas College of Law grads if ya know what i mean.

 

The key words that I was pointing out are the beginning of the second paragraph..."for good consideration." That's a blanket statement here, with no definition. That's what makes this unenforceable in Texas.

So although your stronger case may be based on the wrong contract date, no signature date and signature on a separate page...even if that doesn't work then...this is probably still unenforceable.

Aside from the fraudulent facts, ask a lawyer if you can file for a Summary Judgement based on this contract being unenforceable by the Texas Business and Commerce Code, since it describes no "considerations." It must prove business interest ("consideration") to enforce a non compete. imo, this contract does not do that. It's just a boilerplate "contract" that you can probably print off the internet.

 

I don't know the facts of your case, and to be honest, I am not supposed to learn much about your case because then my advice can become legal advice and I become your lawyer and have a duty to represent you.

I'm just going to say, the law has many different ways to counter unfairness. Who knows, maybe another lawyer may look at your facts and see a way to request the judge to delay the trial or maybe that lawyer has some other ideas that would make your former boss want to settle. All I'm saying is, don't give up so easily. The law is inherently fair in all sorts of situations that you may not expect.

 

please keep us updated...

 

Consider this a good sign that they know they can win the case based on the document alone. They probably do not need to prove fraud, because they know they can win. Their fees are probably reasonable.

no disrespect intended, but you seem to be looking for a cheap way out and seem convinced the cheapest way out is proving fraud. But you aren't a lawyer. The cheapest way might simply be Summary Judgement that the document is unenforceable. We don't know that. The lawyers do. Maybe save fraud for later as a counter suit, once you win the first case.

I would go with your lawyer's advice. If you still need cheaper, then focus on finding a cheaper lawyer, but don't tell them how to win the case in a cheaper manner.

advising a lawyer on how to win doesn't go to far.

 

My last point.

I've seen a guy represent himself who could barely read or write, and he WON. If all else fails, you are capable of representing yourself. Judges are supposed to take it easy on those who are "pro se" plaintiffs, and they are supposed to guide those people to the applicable laws that would aid you in the argument you are making.

A poor black man who could barely read or write won his case against a rich white guy who was pushing him around because he had the money and he had the lawyer. Didn't matter. The poor man came in with his side of the story and whatever facts and evidence he had available and he tried to go through the paperwork process of filing a complaint as best as he could.... he wrote on the complaint form by hand and the words didn't even make sense and were misspelled. Didn't matter, he won. So no excuses. Gather yourself and keep at trying to find representation or simply represent yourself.

 

Try calling up the clerk of the court or someone there to ask how to proceed. I'm not sure how to go about it exactly, but that would be a good place to start.

 

maybe so. maybe a judge will meet you if you say you need more time to find representation, and you might need to represent yourself...and you really just want to know your options.

I wouldn't present the case though, unless he/she asks.

 

Its not worth it brah. Clients that want to fight in the courts over personal feelings always quit in the middle because they realize it is not worth it. The process takes too long and takes too much work and time. You'll lose your anger over the process and then you would have wasted all that time and effort.

Either you go to court because you want to save your business and be allowed to do what you want for a living, or you shouldn't go to court at all and maybe just try to save yourself the attorney's fees and represent yourself for that on just that narrow issue.

I have to admit, I'm a bit baffled by what you're doing. Your emotions are all over the place and you say you don't even care about making a living out of something that you initially wanted to do. And then you say you really care a lot. You need to get a hold of yourself. Don't let him rustle your jimmies like that, because you aren't thinking rationally right now.

I'm officially getting out of this thread. Good luck with whatever you decide.

 

Okay, I lied. I'm back. But its because I came up with an idea.

This is what you should do. Call up Baylor University Law School or University of Houston Law School (preferably Baylor because they have a focus on litigation) and ask for their Career Services office. Tell them that you'd like to hire one of their alums located in Houston that may be looking for work or looking for experience.

You see, there are plenty of law student graduates that are unemployed but would love the experience. If you are looking for someone who will fight as if its his own family, this is the kind of person you'd want: someone with little experience who wants to make a name for himself/herself.

Ask the Career Services person if they could ask their Contracts professors if they know someone they think could handle such a job that may be looking for such work.

Sometimes professors will know students who were great in their class and obvious hard workers, but yet, couldn't interview well enough to land one of those hard to find law firm gigs.

You'll need someone who is already licensed in Texas and licensed to be in front of whatever court you're going to be in front of.

Let the Career Services know all these requirements and ask for perhaps a professors help. Career Services would LOVE to hear from you. They want to place more of their alums into jobs. They may or may not go with the Professor idea, but they certainly will try to help you find a competent person who is licensed and wanting some work.

 

Reddit is picky on who they choose to help. There could very well be a huge backlash against OP if it goes wrong.

 

I am surprised no one would be interested in going after this guy for putting together a fraudulent contract.

Isn't that a felony?

 

Good Luck man.. It's hard for the little man.