Attorney Gloria Allred announced a lawsuit alleging sexual harassment in employment against David Boreanaz, of the TV show Bones. She also announced that she represents another woman, but did not file a lawsuit on her behalf. Instead, she sent the matter to a state agency to investigate. Here's my take on what that means, having used Oregon's State Agency at times and having filed sexual harassment cases in Oregon's courts.
First, we lawyers screen cases based upon whether we believe our clients. I assume that Ms. Allred believes that both of her clients felt victimized.
Next, we look at what evidence is in hand and consider what evidence is likely to be found later. When I file a lawsuit, it is because I believe there is enough evidence in hand to get the case to a jury. I assume that Ms. Allred believes she has enough evidence on Kristina Hagan's case to reach a jury. During the "discovery process" (definition here), she hopes to develop more evidence to win the case.
On the other hand, if an attorney feels like a client was legitimately harmed, but wants more evidence before risking a lawsuit, it makes sense to refer the case to the state agency. The state agency will then conduct an investigation. The agency could turn up more evidence, giving the attorney more confidence before filing a case.
We attorneys want to make sure we win the case, because no client wants to go through the expense and trauma of litigation unless the odds of winning are very good.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
