Legal Malpractice Expert Opines on Employment Discrimination Case

Joseph O'Neill

Written by
— Updated on October 27, 2017

Employment Expert WitnessThis case involves a Plaintiff who filed an employment discrimination complaint against the U.S equal employment opportunity commission, alleging that he had been denied employment on the basis of his race. The same agency eventually released a statement that said the totality of the evidence reveals that the charging party was denied selection to the position because of his race. The Plaintiff made contact with the Defendant and explained the legal matter. After the Defendant reviewed the complaint and made corrections, Plaintiff filed the complaint in the US General District Court. Plaintiff proceeded at that time pro se, but had Defendants as direct contracts to provide legal advice. Due to a procedural defect, specifically failure to serve process upon the defending party, the Plaintiff’s federal claim was dismissed without prejudice by order. The Plaintiff contacted the Defendant after his case was dismissed, at which point he received a reply email from defendant stating they would re-serve next week. However, the Defendants never showed up to court and did not take any next steps; they claimed the email had been sorted into their spam filter, a notion that the Plaintiff regarded as insidious. It is alleged that as a result of their errors and omission with respect to their attorney client relationship with the Plaintiff- the Plaintiff suffered pecuniary harm due to the fact that his federal claim was never properly sent before the court and adjudicated on its merits.

Question(s) For Expert Witness

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

Expert Witness Response E-008020

This case is right in my area of expertise and I am glad to assist. I have handled a number of employment discrimination cases involving these fact patterns. I have nearly 40-years experience as an employment law specialist. I have handled hundreds of employment discrimination matters. I am highly knowledgeable about the attorney’s liability for errors and omissions arising out of legal representation. I can speak to the ethical duties and responsibilities that the attorney has towards the client. It is likely 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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