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med88

Junior Member
What is the name of your state? Iowa

I filed discrimination (age & sex) and FMLA violations against a former employer. First went through Iowa Civil Rights, then EEOC, then the "right to sue" steps. My attorney told me all along "we believe you have a strong case". All along I said much of what happened happened behind closed doors. Reply was "not a problem".

During discovery, boxes and binders of personnel records and medical records were supplied. Came time for my deposition - preparation lasted less than an hour and consisted of 3, maybe 4 "simulated questions". My deposition lasted 9.5 hours and they really made me look bad (however, what was presented could have been challenged by my witnesses if it got to that point - another thing I told lawyer all along). Two hours after the deposition, my lawyer called and recommended we drop the case - that the other side was well prepared and we woudl probably lose (discrimination). She also said there was a clear violation of FMLA but b/c you said you said (in deposition) you couldn't afford to take time off without pay, the victory would be a moral victory only and cost you about $3000 - $4000.

Needless to say I am devastated. We spent over 1 1/2 years on this. At one point, I contacted another member of the firm b/c I was concerned over the number of errors in the legal documents filed (she had me attending meetings I never did, misquoted me, had me evicted from an apartment, to name a few).

I was obvious the day of my deposition, we were not prepared. There was nothing presented that my attorney did not have access to before that day. She objected to only a couple of the questions, one of which was a question about an incident that happened to my son AFTER I left the employer being charged. If I didn't have a case after the deposition, then I didn't have a case before it... nothing was presented that my attorney didn't have access to.

I don't know what to do.... do I have any recourse? This is crazy - they said clear violation of FMLA but b/c I can't afford a "moral victory", the violator wins. This part I don't understand.
 


Do you truly believe it's your lawyer's fault your case is so weak? It sounds like you even know that it was your testimony that damaged your case. If you disagree with your lawyer's assessment of the weakness of your case, find someone else who wants to represent you. If you think his incompetency was what made your case so weak, then hire another lawyer to sue him for malpractice. Sometimes when people are disappointed with the way things turn out, they look for someone to blame.
 
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BelizeBreeze

Senior Member
What is a clear violation of FMLA to one person, even your attorney, is not the same as a judge finding a clear violation under the Iowa Statutes or federal law.

That being said, you can contact The Iowa Supreme Court Attorney Disciplinary Board, Iowa Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, or call (515) 725-8017 for a complaint form.
 

seniorjudge

Senior Member
med88 said:
Thank you for your replies/information......
Please keep in mind that the disciplinary counsel has thousands of complaints similar to yours.

Losing a case is not malpractice; most lawyers try to make their clients feel good by telling them what a good case they have.

Then when they lose, the lawyers blame the other lawyer, the judge, the jury, the kid delivering the newspaper, the Democrats, Hurricane Katrina, or President Bush.

They rarely tell the client they have a dog of a case.
 

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