ATOT Lawyers: would my friend have a legit case?

[Via]

"Friend" might be a bit strong; I knew him in high school but haven't seen him much since, with the exception of an about 2 year period during which I ran into him more than usual.

He called me out of the blue yesterday that he was driving through the town I live in and I just got back from lunch with him. He seems a bit distraught.

Long story short - He's been a successful private prep tutor in Chicago for years now. He has clients from many different schools, but draws most kids from a single high school and a grade school that feeds into it. Apparently a few teachers have decided the want a cut of the action, and according to him have "pressured" students into attending their own tutoring sessions. He said several students did not attend their scheduled sessions the past few weeks.

The fact that teachers who control the grades of students are recruiting them to private for-profit sessions seems highly dubious to me, and I advised him to talk to a lawyer. It would seem to me that if he had any sort of evidence that any students that left his business had ANY fear for their grade it would be a slam dunk. He could sue the teachers AND the school district. I doubt he's going to do it.

But for the sake of argument - does he have any case at all?

 

[Puppies04]

If he can prove any of that he has a case.....

So no, he doesn't have a case.

 

[Iron Woode]

you are going to need a good attorney. I will give the number for my cousin Vinny.....

 

[Via]

If he can prove any of that he has a case.....

So no, he doesn't have a case.

He probably would need a student to testify, wouldn't he?

 

[Slew Foot]

Teachers charging students for tutoring for their own class seems like a conflict of interest

 

[Via]

Teachers charging students for tutoring for their own class seems like a conflict of interest

Exactly. In a way that's kind of the point of my post, because I really don't believe he's going to take any legal action.

It seems like a HUGE conflict of interest.

 

[madoka]

It would be costly to prove. Very costly and time consuming. It would be easier for him to simply expand his customer base to other schools.

 

[Pray To Jesus]

Teachers charging students for tutoring for their own class seems like a conflict of interest

Standardized testing got you covered.

 

[GagHalfrunt]

While it would be costly to prove it might be pretty easy to scare the teachers off from doing it. It's a big enough conflict that any teacher caught doing it would lose their job, that gives him leverage to get them to back off.

 

[Zenmervolt]

It would seem to me that if he had any sort of evidence that any students that left his business had ANY fear for their grade it would be a slam dunk. He could sue the teachers AND the school district.

On what theory? And how would the school district magically be responsible for the independent acts of teachers?

Remember "it's not fair" is not a valid legal theory.

Exactly. In a way that's kind of the point of my post, because I really don't believe he's going to take any legal action.

It seems like a HUGE conflict of interest.

So? It's not illegal to have a conflict of interest in most situations.

ZV

 

[Via]

It would be costly to prove. Very costly and time consuming. It would be easier for him to simply expand his customer base to other schools.

You think hiring a lawyer to take some statements from students who truly believed that their grade may be at stake would be costly?

I think it would be wrong for him to let himself be chased away like that.

 

[kranky]

I can't imagine that's illegal, but certainly smells bad. I would pursue through the school board. "I am aware that some students are being pressured to pay their teachers for private tutoring. Is it fair for students to be solicited for money by the same teachers who are in control of their grades? Is this a policy the board supports?"

 

[Via]

On what theory? And how would the school district magically be responsible for the independent acts of teachers?

I hope you're joking. A teacher controls the grade, and therefore in many ways the future of their students.

If they apply pressure for students to attend for-profit tutoring in a way that makes students believe their grade depends on it (even in error) it crosses beyond ethical misconduct and into legal territory in my book.

 

[Zenmervolt]

I hope you're joking. A teacher controls the grade, and therefore in many ways the future of their students.

If they apply pressure for students to attend for-profit tutoring in a way that makes students believe their grade depends on it (even in error) it crosses beyond ethical misconduct and into legal territory in my book.

I ask again. On what theory?

You need to have a specific legal basis for why the teachers would have liability to your friend. You've thusfar articulated none.

"Your book" doesn't matter. Courts don't decide cases based on whether the plaintiff's buddy thinks something is sketchy.

Hypothetically speaking, if a teacher explicitly said, "unless you get private tutoring from me I will lower your grade even if all your answers are correct," a private tutor might have a case for tortious interference. However, if the hypothetical teacher had simply said, "I can provide you better tutoring because I know what's going on in my class," then there would be no case.

A student's unreasonably mistaken belief is not sufficient as far as the law is concerned.

ZV

 

[madoka]

You think hiring a lawyer to take some statements from students who truly believed that their grade may be at stake would be costly?

I think it would be wrong for him to let himself be chased away like that.

I say this as a lawyer and a teacher: yes, it's too costly. One deposition will probably start at $1000 and go up from there. If I were opposing counsel, I'd point out that the teachers charge less than a private tutor and that's why students are switching over. Now I'll be able to drag this case on for years. And if you sue the school district, they have the money to keep it up and your friend does not.

 

[Via]

I ask again. On what theory?

You need to have a specific legal basis for why the teachers would have liability to your friend. You've thusfar articulated none.

"Your book" doesn't matter. Courts don't decide cases based on whether the plaintiff's buddy thinks something is sketchy.

Hypothetically speaking, if a teacher explicitly said, "unless you get private tutoring from me I will lower your grade even if all your answers are correct," a private tutor might have a case for tortious interference. However, if the hypothetical teacher had simply said, "I can provide you better tutoring because I know what's going on in my class," then there would be no case.

A student's unreasonably mistaken belief is not sufficient as far as the law is concerned.

ZV

I'd like to see it play out. I think your dead wrong.

Parade a few students in front of school administration who believed they were being pressured into paying for tutoring and I'm sure you'll see some action.

 

[Argo]

I'm confused, why does he need to take legal action? Just emailing principal/superintendent with names of students and teachers should be enough to start an investigation...

 

[Zenmervolt]

I'd like to see it play out. I think your dead wrong.

Parade a few students in front of school administration who believed they were being pressured into paying for tutoring and I'm sure you'll see some action.

The school administration is not a court. You asked about your friend suing the teachers and the school district, not about actions entirely outside of the legal system that might put political pressure on the teachers.

You're welcome to think I'm dead wrong. That's your right. My license to practice law, however, suggests that I might be in a position to have better insight into this than you have.

ZV

 

[Via]

The school administration is not a court. You asked about your friend suing the teachers and the school district, not about actions entirely outside of the legal system that might put political pressure on the teachers.

You're welcome to think I'm dead wrong. That's your right. My license to practice law, however, suggests that I might be in a position to have better insight into this than you have.

ZV

You clearly stated that the school district doesn't have any control over what teachers do outside the classroom.

That's the point I was answering: You're wrong on that.

 

[Zenmervolt]

You clearly stated that the school district doesn't have any control over what teachers do outside the classroom.

No, I did not.

I asked why you thought the school board would magically be legally responsible to your friend for the independent actions of teachers. You know, because you were asking about legal options. I never made any claims about pressures from internal school district politics or media exposure.

My responses were predicated on the assumption that your initial limitation of the question to legal remedies was honest. Now that it has been shown that legal options are not viable, you're moving the goalposts to avoid having to admit that your initial assessment was incorrect.

ZV

 

[Via]

On what theory? And how would the school district magically be responsible for the independent acts of teachers?

Remember "it's not fair" is not a valid legal theory.

You're really going to make me requote this?

Since I don't know the exact details of the case I agree it's hard to make a 100% determination.

I'll leave it at this:

Friend has successful business

Teachers (who control the grades of said students) exert pressure on students to quit his business and instead pay for their tutoring.

Friend is financially and psychologically damaged by this, as well as potentially libeled by said teachers.

It is possible that there's a case there.

 

[Iron Woode]

You're really going to make me requote this?

Since I don't know the exact details of the case I agree it's hard to make a 100% determination.

I'll leave it at this:

Friend has successful business

Teachers (who control the grades of said students) exert pressure on students to quit his business and instead pay for their tutoring.

Friend is financially and psychologically damaged by this, as well as potentially libeled by said teachers.

It is possible that there's a case there.

then that would be a civil issue not a criminal one.

 

[Doppel]

Sounds like a major effort, really more like what a state attorney would do. Of course, 99% (I'm lying; it's actually 100%) of my education of the law comes from movies and TV, but I think he doesn't have much of a case, legally speaking.

 

[Wreckem]

You're really going to make me requote this?

Since I don't know the exact details of the case I agree it's hard to make a 100% determination.

I'll leave it at this:

Friend has successful business

Teachers (who control the grades of said students) exert pressure on students to quit his business and instead pay for their tutoring.

Friend is financially and psychologically damaged by this, as well as potentially libeled by said teachers.

It is possible that there's a case there.

Its just if not more likely he would be pissing away good money($300-500/hr) for relatively nothing in return.

 

[allisolm]

The OP asked: " ATOT Lawyers: would my friend have a legit case?"

Not one but two ACTUAL lawyers have told him "no", and yet here he is still arguing. Just reinforces the idea that people don't really want advice, they just want someone to agree with them.