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Thread: attorney misrepresentation?? Florida

  1. #1
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    Default attorney misrepresentation?? Florida

    Looking for some guidance. Filed discrimination case with EEOC. At that point I lived in Florida. Ended up getting 3 reasonable cause findings. At that time I was being relocated to WV. Hired attorney in Wv ....lets say A and B. Approximatley 1 year later A splits with B. B informs me he has my case but does not have internet service etc for approximately 3 weeks. I go back to attorney A who says he wants to keep my case. then A, who is the owner of firm hires another attorney who then ends up with my case. The new attorney is never ready... such as depositions...now the company filed for summary judgement and he comes up missing....found 24 hours wandering in park???..New attorney left last firm with substance abuse problem. When I call owner of firm legal assistant assures me they have other attorneys who can file motions etc.
    But then they asked for extension because once again my attorneys aren't ready. Now the company has filed an addendum to their summary and an extension is being asked for again...by my attorney....I filed EEO Charges in 2005...it took 2 years to get findings..Now it has been 2 years since I have had this attorney....what do you guys think....you can also review my other posts for more info. Thanks

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    Lightbulb Das ist in der Doktor!

    Quote Originally Posted by overlooked View Post
    Looking for some guidance. Filed discrimination case with EEOC. At that point I lived in Florida. Ended up getting 3 reasonable cause findings. At that time I was being relocated to WV. Hired attorney in Wv ....lets say A and B. Approximatley 1 year later A splits with B. B informs me he has my case but does not have internet service etc for approximately 3 weeks. I go back to attorney A who says he wants to keep my case. then A, who is the owner of firm hires another attorney who then ends up with my case. The new attorney is never ready... such as depositions...now the company filed for summary judgement and he comes up missing....found 24 hours wandering in park???..New attorney left last firm with substance abuse problem. When I call owner of firm legal assistant assures me they have other attorneys who can file motions etc.
    But then they asked for extension because once again my attorneys aren't ready. Now the company has filed an addendum to their summary and an extension is being asked for again...by my attorney....I filed EEO Charges in 2005...it took 2 years to get findings..Now it has been 2 years since I have had this attorney....what do you guys think....you can also review my other posts for more info. Thanks
    Let me go out on a limb here,
    but has the idea of going to an altogether different law firm occurred to you ?
    Sounds like it might be time to explore that thought….

    ..____________________
    ~ Free advice is like a public defender,
    you get what you pay for…

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    I started to suggest that & that might end up being OP's only
    option. However, sometimes it's hard to start with a new firm
    when you're in the middle of a case - one that has been going
    on for some time.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Exclamation Das ist in der Doktor!

    Yes I would be inclined to agree.
    The desire to light a fire under ones attorney has to be carefully weighed against the likelihood of burning down the whole forest in the process …

    .._______________________
    ~ If electricity describes the movement of electrons,
    does morality describe the movement of morons ?
    Last edited by drruthless; 03-30-2011 at 02:07 AM.

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    drruthless, I like some of your "quotes."
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Lightbulb Plagiarized - R - US

    Quote Originally Posted by Betty3 View Post
    drruthless, I like some of your "quotes."
    Thank you.
    I believe in giving credit where credit is due
    If I knew from whom I stole them from,
    …I’d give them the credit

    ..__________________
    ~ Helping rid the world of stupidity,
    …starting with my own.

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    Quote Originally Posted by drruthless View Post
    Thank you.
    I believe in giving credit where credit is due
    If I knew from whom I stole them from,
    …I’d give them the credit

    ..__________________
    ~ Helping rid the world of stupidity,
    …starting with my own.
    Can I quote you?

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    Quote Originally Posted by drruthless View Post
    Thank you.
    I believe in giving credit where credit is due
    If I knew from whom I stole them from,
    …I’d give them the credit

    ..__________________
    ~ Helping rid the world of stupidity,
    …starting with my own.
    When I use quotes, I always give credit also but sometimes it doesn't
    give a name - just the quote. (or will say author unknown or anonymous)
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    When a firm breaks up, the client, not the lawyer, chooses which lawyer to handle the case. So call the WVA state bar and see if they can help you. Sounds like an ethics nightmare.

    But why did you hire a lawyer in WVA when your claim arose in Fla?
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC

  10. #10
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    OP - since your original post was 9-2, have you taken any action since then (ie
    got a new lawyer)?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Default taxation of cost

    My case went to summary judgement on middle district of Florida. Federal judge ruled in favor of the defendant even though I had 3 reasonable cause findings from the EEOC.
    So now they have sued me for taxation of cost which are around 5700 dollars. My attorney says I should just pay it and go with my life. Easy for him to say since I feel he botched the case to start with. He says it would cost 4 to 7 thousand dollars to file an appeal. It seems to me taxation of cost is verging on retaliation for filing against the compny to start with. Any ideas or info would be greatly appreciated

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    I don't know what you might be able to do other than talk to another
    attorney or do what your current attorney suggests. I have no idea what
    another attorney might suggest or if it would be worth starting with another
    attorney. We don't have full details of the case like your attorney & the court
    does & it's hard to know what to suggest.

    Maybe someone else will have some suggestions for you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Default So where is the attorney malpractice?

    The fact that you lost at SJ in spite of probable cause findings from the eeoc does not mean your lawyer failed you. It could, but probably does not. The federal judge is not bound by the eeoc findings, and the standard at SJ is much tougher than the standard the eeoc used to make a merit finding.

    You live in a conservative district and I bet your judge on the case was appointed by a conservative president. This is an illustration of why who you vote for is so important. If you vote republican then you are voting for a conservative federal judiciary, and conservative judges, who are appointed for life, will bend over backwards to find in favor of corporations when an individual has a dispute with them.

    Sounds like your judge not only did not think you had a case, but thought your case was frivolous. Again, I bet your judge is a conservative. Your best bet on the appeal may be appealing the award of costs. That seems harsh in light of the merit rulings from eeoc. Or did the eeoc just give you a right to sue letter without finding merit in your complaints? That would be a different story.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC

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    Bob, I was hoping you might come along as you did previously.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Default EEOC Findings

    The EEO investigation took 2 years and they returned 3 reasonable cause findings 2 for discrimination and 1 for retaliation. I had numerous other emails and such. I am absolutely devastated and disallusioned with the court process. It is even harder sitting by watching it happen now that I see nothing can be. Another female in my area was just turned down for a promotion with their usual reason...lack of leadership ability...

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    I'm sorry though I know that doesn't help you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Misrepresentation is considered a legal malpractice when your attorney makes false assertions that can affect the outcome of your case. Sometimes it is difficult to prove that a lawyer is doing it. It is important to get a counsel that is knowledgeable enough to avoid wasting your money.

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