Legal Question in Legal Malpractice in New York

Legal Malpractice in a Discrination suit...!!!

My wife started a Discrimination suit against her Employer in 01. The lawyer temporarily removed the case from the court to give her more time to look for additl. clients. The case was refiled about a year later with 5 people all together. They went thru a court required Mediation hearing that did not bring any solution. The case was scheduled several times to go to trial. In April 2004 our lawyer informed us that the case is going to another Mediator. After the Mediation the lawyer started pressuring the group to settle the case for a total of 170K. Three people settled for approx. 30 K ea. Two were remaining. My wife asked for 75 K in lost wages, her actual lost wages were 105 K + pain & suffering. The lawyer said that they are not willing to negotiate anymore & decided to withdraw himself from the case and told my wife that they might offer a nuisance settlement in the amount of 10 K. Later on, we found out that the case was at the time of the mediation already scheduled to go to trial in September, the lawyer has NOT made anyone aware of this, instead pressured the group into settling (splitting the group) because the chance in front of the judge is slim. Is this legal Malpractice? My wife did not settle and has no lawyer.


Asked on 6/14/04, 7:32 pm

1 Answer from Attorneys

Re: Legal Malpractice in a Discrination suit...!!!

There are not enough facts in your question to determine whether or not your wife's old attorney committed malpractice. For example, I would need to know the reason the attorney gave the court for withdrawing from the case and whether the case survived a motion for summary judgment. My feel free to call me at 212-622-7180 to discuss whether your wife's case can be saved and/or whether your wife's first lawyer has potential liability.

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Answered on 6/14/04, 8:19 pm


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