Legal Question in Legal Ethics in California

Attorney did not file claim in time

I had a case against a former employer for nonpayment of commissions and discrinination. The labor board reviewed my case and said I had cause for a suit. My attorney was also aware of all this and had informed me that she was filing a suit against my former employer. I never heared from her for several monthes even after several attempts, and left several messages. Well now I have recived a letter from her with forms to release her as my attorney and a letter stating that I do indeed have a case but only had 90 days to file and had waited too long. It was her job to file or at least to inform me to do so. My commissions due too me were in excess of $35,000 + what ever the discrimination suit would of been. Is my attorney liable for my losses or what recourse do I have. I worked hard for this money and don't feel that my former employer should be able to get away with keeping my commissions. Please Help. Thank You


Asked on 9/29/99, 3:08 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Attorney did not file claim in time

If your attorney did not file a claim in time you have lost the right to file but the attorney can be sued for malpractice and is responsible for the value of your claim. many attorneys have insurance to cover this also.

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Answered on 9/29/99, 7:34 pm


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