Legal Question in Workers Comp in New York

No defense from attorney at trial at ALL!

I was just shocked, no defense, no cross exam, nothing! Barely said a word. Not even asked to come for pre trial counseling. I was with this attorney for 3 years. Any idea as to why an ethical, respected attorney might have done something like that?

The alleged employee case is fraud. I was told I could write a letter to the judge with the points of my defense to be addressed at another hearing. I have so much on this person a letter is actually easier to get it all out as you get nervous at trial. Are such letters read immediately or right before the next hearing? Anything I can do to get the ruling postponed as to whether the person is or isn't an employee until I can have a proper defense?.

This is so unfair. I have a very long letter, but easy to read letter outlining my whole case I want to send. II was told it has to go elsewhere too rather than just to the judge. I am entitled to a defense before a ruling...no?

This person in my house was there only for 2-3 days and it never was employment but someone there so my mom wouldn't be alone. I just gave a little money for to help with food.

I'm so scared there might be more than $50,000 involved here. I did nothing wrong at all.

HELP ;-(.


Asked on 5/31/09, 8:02 pm

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: No defense from attorney at trial at ALL!

You should not blame your attorney. Your attorney took your case w/ the sincere believe that you were out of work due to your injury. The defense uncovered evidence that shows that you committed insurance fraud and raised 114-a. Now your attorney has to spend an inordinate amount of time and resources to defend you on these charges. Perhaps without even the faintest hope of financial renumeration. Perhaps the evidence was overwhelming against you? Perhaps your attorney advised you not to pursue your case and risk possible criminal charges? Perhaps, you told him that you wanted to go forward anyway against a mountain of evidence?

Now you are upset at your attorney who believed in your case and believed that you were injured from work only to find out later that you were not disabled from work. I would not blame your attorney. There is obviously a lot more to this story and perhaps you put your attorney in a difficult position.remember an attorney cannot suborn perjury and perhaps you placed him in a terrible ethical dilema.

I do not know your case, but I think that you should have a heart to heart with your attorney. Perhaps your attorney had very little options and was left with a terrible choice of advocating a position he/she believed to be false and possibly suborning perjury.

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Answered on 5/31/09, 8:45 pm


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