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Is this kind of Fraud considered legal malpractice?

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royallyscrewed

Junior Member
I think is is really bad but I need someone else to say it out loud...

Is it considered fraud to force one of your employees,(Lawyer is the employer) to register with a state agency,(one that provides rental assistance to needy people) in order to get 9 months of benefit,(7,200.00 total) from said agency when you know that housing,(rent paid by employer) is included in their compensation? Also, is it wrong,(as the lawyer) to then file a claim in landlord/tenancy in court to have said employee removed if they do not secure benefits from said state agency?
My friend has ZERO legal experience which is why I'm helping them out. Please keep in mind that this person is a full and legal American citizen caught up by a Lawyer with a long past of defending guilty corporate types? And should this person keep thei yap shut and keep getting screwed over. Please advise:(
 


You Are Guilty

Senior Member
While it might be fraud, its certainly not legal malpractice. For starters, the employee is not a client of the attorney.

That said, generally, an employer, attorney or not, cannot force an employee to commit an illegal act under threats of being fired.
 

royallyscrewed

Junior Member
Thank you.

Thank you for your reply. I guess my friends has no legal protections should they speak out and inform the agency?

Also for the person who said millions of dollars, my friend only want what they're owed...in this case it's 2 months on wages totaling 2,600.00. He wants his money, which is being held back by the lawyer until the deal with the agency is done and he gets the 7200.00.
 
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You Are Guilty

Senior Member
Depending on what state this is happening in, there may be recourse. A complaint to the Dept of Labor, or the Dept of Social Services which is administering the program, or even perhaps to the Attorney Disciplinary Committee (which generally prohibits lawyers from requesting people to break the law). This is not meant to be all-inclusive, there may be others as well.
 

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