I dropped my California Labor Board claim and my brother entered into an agreement with a law firm to proceed with a class action case,.That case settled at mediation. The employer fired me, we both worked with same employer. A lawyer representing the class action took on my wrongful termination case. First he was talking how big my case would be and now he seems to be low balling the case. Is he protecting the big class action case settlement? He says company is claiming poverty. The defendants have secured the services of a very prominent law firm. If there is a conflict of interest can I drop this lawyer and seek another without costs? My mediation meeting is coming up soon.

victim08: Is there is a conflict of interest?

What conflict do you perceive?

victim08: can I drop this lawyer and seek another without costs?

I suspect not, but what does your retainer agreement (contract) with the attorney say?

That my case settlement may make it difficult for the defendant to pay the first class action settlement. I feel that his aggressiveness towards a large settlement for my case has reduced in that he wants to balance a settlement that will preserve the first class action case. For example what if a large settlement in my favor were to occur and this cause the defendant to file bankruptcy or go out of business, he would lose earnings on both cases. So I feel he would not push for a large settlement. Thanks for your input.

That my case settlement may make it difficult for the defendant to pay the first class action settlement. I feel that his aggressiveness towards a large settlement for my case has reduced in that he wants to balance a settlement that will preserve the first class action case. For example what if a large settlement in my favor were to occur and this cause the defendant to file bankruptcy or go out of business, he would lose earnings on both cases. So I feel he would not push for a large settlement. Thanks for your input.

That my case settlement may make it difficult for the defendant to pay the first class action settlement. I feel that his aggressiveness towards a large settlement for my case has reduced in that he wants to balance a settlement that will preserve the first class action case. For example what if a large settlement in my favor were to occur and this cause the defendant to file bankruptcy or go out of business, he would lose earnings on both cases. So I feel he would not push for a large settlement. Thanks for your input.

BSPCPA: What conflict do you perceive?

victim08: If a large settlement in my favor were to occur and this causes the defendant to file bankruptcy or go out of business, he would lose earnings on both cases.

You should have a local, employment attorney review the specifics of your case if this is causing you concern. However, a few of my thoughts to chew on in the meantime...

You mentioned the class action case was mediated and settled. Presumambly, as in most settled class action matters, there was an agreement as to attorney fees (subject to court ratification, of course), so I suspect your attorney's financial interest is adequately protected there. If after paying out the class action settlement, there is not much money in the company to pay you for your wrongful termination claims, there won't be much money whether your current attorney represents you or whether you substitute in another attorney - and as you conjecture, you may have some financial liability to your current attorney for the work he has done to date on your behalf.

BTW: Did your current attorney (who is also the class attorney according to you) try to incorporate your wrongful termination claims into the class settlement - sounds to me like everything may have been related, but I am not sure?