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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114800
Experience:  20+ Years of Employment Law Experience
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I worked government agency where I filed an EEOC complaint

Customer Question

I worked for a government agency where I filed an EEOC complaint against my supervisors for discrimination and harassment based off my gender and race. I soon after left the agency for a position with another agency as I feared I would be fired if I stayed at that former agency. After a year with the new agency I was asked to get an attorney for the case as it was moving forward, which I did. It is now a year after this and my attorney has been given 15 days to try to negotiate with the old agency for a possible settlement. My attorney seems to want a quick buck without considering all the ramifications of the case and is not listening to my concerns concerning any possible settlement. I want to know how can I find an attorney to take his place and if this is advisable seeing as how he is not being professional at this time.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to negotiate with your attorney to withdraw from the case. If he has yelled at you, then you need to tell him to withdraw and you should be hiring a new attorney and seek a continuance of the negotiation of any settlement. You can get a new attorney at the same sites used by other attorneys, http://www.lexmundi.com or http://www.hg.org
Customer: replied 1 year ago.
He did yell at me and hung up the phone. The issue became about me consulting him about not feeling comfortable about the settlement amount that he broached with the agency without consulting me first and telling me that I should basically take what I get and I should be happy with the amount since I am working without regard for the amount of harassment I had to face and the denial of a promotion that I didn't receive when working there due to the harassment or the several coworkers affidavits that were provided to the investigation in support of my claims. How may I seek a continuance of the negotiation of any settlement if I do not have him as an attorney and when the EEOC judge has given us 15 days from February 11 to come to a possible settlement agreement with my former agency?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Honestly, and do not take offense to this (as I do not know the nature and facts of your case or the evidence supporting your claim) but most clients have unrealistic elevated expectations of the value of their cases. Once an attorney takes a case and sees the evidence in the case and evidence of harm to their client, they go back and reevaluate the worth of the case by looking at judgments and settlements reported in other cases (this is called a "quantum study") and when an attorney looks into the value of a case and comes up with a value many clients become dissatisfied because the attorneys do not bother explaining the reason for the value to the client.
The attorney should NOT have made any offer to settle without advising you as part of his duty under rules of professional conduct to communicate with you regarding settlements.
If he withdraws from your case prior to the negotiation you send a letter to the opposing party and EEOC explaining that because your attorney withdrew so close to the negotiation date, you are requesting an additional 30 days (and during that time you had better hustle to get a new attorney).