Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I secured the services of a California state bar certified…

Customer Question
I secured the services of...
I secured the services of a California state bar certified attorney to represent me on a discrimination/retaliation complaint against the LAPD in August 2012/ The attorney filed a DFEH complaint and was granted the right to sue on September 3, 2012. The attorney reassured me that everything was on track and that depositions and discovery were being conducted. The attorney even falsified the interrogatories that he sent me. The attorney never filed the lawsuit within the one year statute. I have since learned that the attorney has been placed on inactive status and faces being disbarred. I have been told by numerous attorneys that I am out of luck even if the attorney missed the statute date. I cant believe that I can be denied justice when I followed all of the remedies and was thrown under the bus by a state bar certified attorney. Please tell me how to get my case to court.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
6/17/2015
Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,081
Experience: Significant experience in all areas of employment law.
Verified
Hello and thank you for entrusting me to assist you. I am very sorry to hear about this completely incompetent representation.
If you missed your statute of limitations, you are barred from filing suit against the police department. Statutes of limitations are rigid like this, and ineffective assistance of counsel is not an exception to the rule.
The good news is that if your attorney failed to file a lawsuit within the statutory period for doing so, you would typically have a strong malpractice case. So, rather than suing the police department directly, you are now suing your attorney for the damages you would have recovered if your lawsuit was timely filed. In a malpractice action, you still need to prove the underlying facts of your original case, since it is necessary to establish that you would have prevailed in order to recover damages. So, in a sense, you are still bringing the exact same issues to court, it is only the defendant that has changed.
Most attorneys have malpractice insurance, so even if your attorney does not have the assets to pay a judgment, it does not matter. The insurance company is contractually bound to pay a judgment, and to negotiate the claim in good faith.
As soon as possible you need to consult with a malpractice attorney. There is a rigid statute of limitations for professional malpractice claims, and you wouldn't want to have that one lapse on you as at that point you will have no further recourse whatsoever. See here to locate a malpractice attorney in your area who can help: http://lawyers.findlaw.com/lawyer/practice/legal-malpractice
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
Kindly opt out as per customer's request - Customer Support
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,454
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I am a different contributor and I see you are asking the other expert to opt out.
I am a bit confused, since what the expert told you is what the law is and your case to get to court is a malpractice case against the attorney who caused this to happen and caused you to miss the statute of limitations. You can seek to collect all of the damages that his negligence in failure to file the suit in time caused you to lose.
However, unless you have some other specific questions that the previous expert did not answer, his analysis of your information and his response were accurate regarding your options legally.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,454
124,454 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have an incident of racial discrimination and religious
I have an incident of racial discrimination and religious discrimination at workplace … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am filing retaliation at EEOC due to my employer transfer
I am filing retaliation at EEOC due to my employer transfer me on less desirable position. This happen after I filed harassment claim at EEOC early this year … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
I am asking for a frd who may suffer from retaliation at
I am asking for a frd who may suffer from retaliation at work … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,081 satisfied customers
I BELIEVE RETALIATION DISCRIMINATION FROM MY MANAGER AND
I BELIEVE I AM RECEIVING RETALIATION DISCRIMINATION FROM MY MANAGER AND REGIONAL MANAGER … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,081 satisfied customers
I am concerned about retaliation with regard to an event
I am concerned about retaliation with regard to an event that took place at work. If I am terminated stemming from that am I able to seek compensation? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,454 satisfied customers
I believe that have case of retaliation for whistleblowing,
I believe that have case of retaliation for whistleblowing, which happened while ago. the question is this a case and what could be time limits for this … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,454 satisfied customers
I believe I was terminated from employment as retaliation
I believe I was terminated from employment as retaliation form me speaking up for myself when my direct supervisor called me lazy as I was reporting to my station. I had been documenting and taking pi… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,081 satisfied customers
This is a whistleblower retaliation. I was involved in a
This is a whistleblower retaliation. I was involved in a whistleblowing of USPS and I left USPS. About 1.5 year after I left the USPS, this USPS retaliate by alleging I own them money (my part of heal… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was harrassed and retaliated against by supervisors
Good morning.. I was harrassed and retaliated against by supervisors protecting a man that was impersonating an employee. This man was also harassing me because I would not comply. Now that I have s c… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,537 satisfied customers
I am currently in the process of a discrimination and
Hello - I am currently in the process of a discrimination and retaliation complaint against my employer. At this stage, the complaint is being handled through the Michigan Department of Civil Rights. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
I reported retaliation and workplace harassment by my boss
I reported retaliation and workplace harassment by my boss and gave a series of examples of all managers before me that she ostracized over 10 years were either re-orged out of a position or pushed ou… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Considering an involuntary resignation due to retaliation.
Considering an involuntary resignation due to retaliation. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,274 satisfied customers
I was terminated retaliation for making several complaints
I was terminated retaliation for making several complaints to management about illegal activity. My employer falsified the reason for my term and accused me of something that I did not do. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,454 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,870 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,454 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x