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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3920
Experience:  30 years of experience
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I hired a lawyer regarding a discrimination suit against my

Customer Question

I hired a lawyer regarding a discrimination suit against my employer for sales commissions owed. We settled out of court because I had a strong case. My lawyer did not explain to me that I could A) request my lawyers fees to be paid by my employers & B) my lawyer did not explain that I could not only sue the company but also the individuals at fault (ie some of my management).
Do I have any case against my lawyer for not informing me of my legal rights?
Submitted: 11 months ago.
Category: Legal
Expert:  Gerald, Esq replied 11 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This is one of those yes and no type of questions. Yes you may have a negligence (malpractice) claim against your former attorney. He was obligated to inform you of your options and the positives and negatives of those options. It sounds like that did not happen. So in that regard you may have a claim.

The difficulty is the damages part of the equation. Since you were able to settle the case it may be difficult to prove that you were damaged or injured by the attorneys action. If the settlement that you received was in the normal range to be expected from the type of case that you had, then you may not have sufficient damages to warrant the action.

In addition you have to weigh in the value to you in terms of time, energy and resources to bring an action.

However, to the degree that your attorney's fees are an issue you may have another alternative. The Virginia Bar operates an alternative dispute resolution program regarding fee disputes. In essence it is a mediation or arbitration process. It is a much more efficient and cost effective proess. If you are successful you may be able to get some or all of your attorney's fees back.

See this link for detailed information on the program:

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Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,