Age Discrimination Case Marred by Legal Malpractice

    Legal Malpractice Expert WitnessThis is a legal malpractice and talent acquisition case involving a man in Delaware attempting to sue his employer, a publicly funded museum, for discrimination. When applying for a position at the museum as a night watch guard, the man alleges he was discriminated against based on his age, contending the hiring team thought he was too old for the position. Soon after filing the case with the attorney, the man went out of town for a family emergency, and claimed that while he was away his attorney did not show up to court dates or pursue the case on his behalf. The case was quickly dismissed when the museum was not served to appear in court, and the man believes that his attorney caused him pecuniary harm due to the fact his federal claim was never properly sent and adjudicated before the court. Consequently, the review of an attorney with experience handling employment discrimination cases was required.

    Question(s) For Expert Witness

    • 1. Have you handled an employment discrimination case before? Please explain.
    • 2. Are you familiar with the attorney's liability for errors and omissions arising out of legal representation? Please explain.

    Expert Witness Response E-008063

    I no longer litigate, and serve as more of a human resources consultant and employment attorney who conducts investigations into employment discrimination, alleged harassment, and other forms of misconduct. I have served as an attorney specializing in employment law matters for over seven years. I was recently inducted into the College of Labor and Employment Lawyers and have been named a “Super Lawyer” in two different states from 2010 to the present. It is possible the attorney in this case committed malpractice and did not honor the attorney-client relationship if they did not file in time.


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