Legal Question in Employment Law in Florida
I hired a lawyer for Civil Service Board Hearing. Problem is he did not show up to the hearing instead he sent a new attorney he had just hired a month ago. This was her first case and she no idea what to do. She did not provide any documentaion and proof of evidence to the board members. I had two pieces of key evidence and one of them she did not even bring to the hearing. When I asked her where it was she stated I don't know. She even forgot to have me down on the witness list to testify. Although she asked if I wanted to testify I replied what do you think is best then she replied I don't know instead of just saying yes you need to testify. At the end of the hearing the board members stated that they had nothing to go by because she did not provide any documentaion of proof, although I had turned these things into their office several months prior to the hearing. Now the attorney say's its my fault because I did not testify, but should'nt he have assured that she had proper documentationand proof, with it being her first time. Why would he send someone that is unfamiliar with civil service boards when he should have been thereto make sure she knew what to do? She was very confused and unprepaired and did not present anything I had given her to the board prior to the start. When I first spoke to this attorney he hounded me for the business calling me on my cell phone calling on the weekend etc. I recently just learned that his license was suspended last year for some shady doings "signing false contracts". I'm in the process of finding a new appeal attorney one that focuses in employment law. Keep in mind that I did ask this attorney if he's had experience with civil service boards and he stated yes, but obviously not. Is it possible to sue this idiot for false representation since he did not show up and sent an inexperienced attorney instead. I have contacted the Florida Bar because there is no way I'm going to finish paying this man for not even showing up and sending a rookie who could not even present any documentation or proof. Needles to say the General Counsel ate her alive very weak opening and closing statement. After closing arguments, the board is explaining that if they had just a little documentation or proof to go by things would have been different then she says can he testify now, good grief ! even I knew not to say that. Also do you think this guy wanted her to screwup so that he can drag this thing out for more money.
1 Answer from Attorneys
I am not prepared to judge the propriety of the actions taken by another attorney in this case, but I will give you a few thoughts and comments. I suggest you look at your retainer agreement with the attorney -- I suspect that the primary attorney did not promise to handle your case himself and reserved the right to have his associate(s) work on your case. Notwithstanding, he should not send an attorney who did not sufficiently know the facts or the law in order to adequately represent you at the hearing. I cannot know whether the associate handled the hearing properly, and I leave open the possibility that you testifying was not in your best interest and/or there is a good reason your evidence was not presented.
The best thing you can do is retain another attorney to file an appeal and represent you. The new attorney you hire can evaluate how your case was previously handled, and he can recommend whether you have any recourse (such as for legal malpractice). I believe you also did the right thing by bringing this matter to the attention of the Florida Bar.
Good luck in your search for a new attorney and in your case.
Regards,
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