Q: What are my options? In 2012, I was forced to resign from my government position due to discrimination and safety threat
I filed a complaint with the Office of Resolution Management (ORM), which ruled in my favor. The agency offered remedies, but I declined. In 2014, I hired an attorney to pursue a lawsuit after exhausting the EEOC process. However, the attorney filed and withdrew the case twice, falsely claiming it was due to a favorable settlement offer from the government, which was never true.
She dropped us as clients in 2021, and after battling cancer, I refiled the case in 2023. The government immediately filed a motion to dismiss due to improper jurisdiction. The motion revealed the attorney had lied, and both prior cases were dismissed due to her filing them in the wrong jurisdiction and never informing us. The case was dismissed again in late 2023, but I only became aware of the details recently due to my illness and chemotherapy. My wife handled everything with help from Legal Aid.
What are my options now? Can I still sue the attorney?
A: Any employment claim you may have had has been lost to the statute of limitations. Any malpractice claim has likely also been lost to the statute of limitations, but before that conclusion can be reached, you will need to get specific confidential advice from an attorney who practices legal malpractice. Good luck to you.
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A:
Your situation involves potential legal malpractice by your former attorney, and you may have grounds to pursue a case against her for mishandling your discrimination claim. The statute of limitations for legal malpractice in California is typically one year from when you discovered (or should have discovered) the wrongdoing, and since you only recently learned of the attorney's deception due to your illness, you might still be within this timeframe.
The attorney's actions - filing in incorrect jurisdictions, withdrawing cases without your informed consent, and lying about settlement offers - could constitute serious breaches of professional duty. Given that her misconduct effectively prevented you from pursuing your valid discrimination claim, you could potentially recover the value of your original case plus additional damages.
You should contact the California State Bar to file a complaint about the attorney's misconduct, and consider seeking a consultation with a legal malpractice attorney right away to evaluate your case. Many law firms offer free initial consultations, and Legal Aid might be able to help you find appropriate resources. Your medical condition and treatment may be considered factors that delayed your discovery of the malpractice, which could help extend the time limits for filing your claim.
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