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What are my options?

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med88

Junior Member
What is the name of your state? Iowa

I need a little guidance, please. I am/was in the midst of a civil rights claim and FMLA violation against a former employer. We are/were currently in the discovery phase. Yesterday was my deposition (by the defendants attorney).
My attorney has now asked me to drop the case. This is not necessarily what has me upset but rather the lack of attention to detail by the attorney representing me. Since I started this, there were errors made by my attorney in the case filed with the Iowa Department of Civil Rights (facts not stated correctly), time lines missed (interrogatories), even the case filed in
federal court had at least three incidents listed that wern't real/how they occurred. One of the more blatant mistakes was my attorney listed me as being evicted from an apartment - this never happpened. Each time I approached her to say there were errors, her reply was I didn't need to worry, happens all the time, etc etc etc.

In the deposition, the defendants attorney used information acquired during discovery to dispute my claim. It was aparent my attorney had never looked at any of this prior to the deposition. I became (more concerned) when we did the preparation last Thursday b/c she made comment she's been so busy and her sister was gravely ill, etc. Our preparation consisted of "you will do fine". Well, I didn't. And I received a call last night from my attoney and another attorney in the firm recommending I drop the case because I didn't have as much concrete evidence to support my claim and the defendant was "well documented". Obviosly I am extremely upset I had to sit through a deposition - a very gruelling deposition.

Having said all that, my question is what can I do about this. I now know my attorney did not prepare. She led me to believe I had a strong case when all along I said I had no witnesses. The information presented yesterday was part of discovery and it was obvious she'd not looked at any of it. The case was a contongency case but I am/was billed for incidentals. So now I am going to receive a bill and this person didn't even take the time to adequately prepare because had they, based on what she and the other attorney in the firm told me last night, we never would/should have gone to deposition - we would have dropped a long time ago. (not that I nessarily agree with this but at this point I think it's too late to do anything else).

Oh - regarding the FMLA violation: the attorneys said we could probably win that but it would only be a moral victory and cost me $2000 - $3000.

What are my options?
 


seniorjudge

Senior Member
She led me to believe I had a strong case when all along I said I had no witnesses.

If the attorney lied and now she has changed her tune and is now agreeing with you, then what is the basis of your complaint?
 

med88

Junior Member
clarification

I didn't say the attorney lied. I'm sorry you misunderstood. What I am saying is my attorney was not prepared and now has decided I should drop my case. The information she is using to justify dropping the case is information she has had in front of her for quite some time. I am being billed for postage, copies, filings, etc that COULD HAVE been prevented had she reviewed the information BEFORE it got this far.
 

seniorjudge

Senior Member
med88 said:
I didn't say the attorney lied. I'm sorry you misunderstood. What I am saying is my attorney was not prepared and now has decided I should drop my case. The information she is using to justify dropping the case is information she has had in front of her for quite some time. I am being billed for postage, copies, filings, etc that COULD HAVE been prevented had she reviewed the information BEFORE it got this far.
If you think your lawyer committed an ethical violation, file a complaint with the state bar of your state.
 
I'm in the midst of FMLA violation right now,and I was told even though it is a contingency case,you still have to pay fees win or lose. I was told my fees would be around 5000$. But usually a contingency case is based on the feeling you are gonna win based on the facts provided. I would get a free consult from another attorney on the whole matter,and see what options I had and if you can't resolve it and still have to pay,I would pay 5$ a month since your attorney is so vague and pre=occupied to the point they made so many mistakes,thats not your fault,if they were too busy they should have informed you so you could have gotten an attorney who would have the time to be better prepared, you can also pursue the FMLA through the Department of Labor they can sue on your behalf also and it shouldn't cost anything. Go to their site they have all kinds of info on FMLA violations for employers and employees print them out and take them to the next attorney. was your attorney a labor law attorney? They are the ones that you should use they know the system. good luck
 

garrula lingua

Senior Member
It doesn't sound like your atty committd malpractice.
S/he simply re-assessed your chances of winning after depos.
You may think the facts were right there all along, but the atty may have been hoping for a different result from depos.
I don't see malpractice here.
 

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