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Defense lawyer spreading lies about a plantiff/plantiffs lawyer in effort to get lawyer disbarred/plantiff case thrown out

East Saint Louis, IL |

I filed and EEO case 2 yrs ago, defense lawyer told my lawyer that 2yrs ago my supervisor was removed from his position because I sexually harrassed him. This is a blatant lie and for two years no one in my chain of command has even addressed such a ridiculous accusation about this to me. Defense lawyer also spoke behind closed doors with judge who is now biased against my case and both accused my lawyer of 20yrs of unethical behavior in an effort to get case thrown out. defense lawyer admitted to judge that she never did any research/interviews nor any other work on the case 1 week before hearing date was set. Judge cancelled the hearing due to lawyers accusation of unethical behavior and gave defense motion due tomorrow. Defense has now asked for another 30 days continuance to file

defense lawyer claims is sick 30 days continuence to file motion. Judge allowing motion by defense regardless of my lawyers response to allegations against him. Plantiff over heard defense lawyer on phone state "I have too many cases have fallen behind need time to catch up I feel defense is stalling for time on several cases brought against agency by my lawyer the only lawyer willing to go up against government agencies. If defense lawyer gets my lawyer with impeccable record then agency is free and clear of all of cases against them as other lawyers in the area will not take them on. The judge even stated in pre-hearing that a report of contact against plantiff was believable therefore she would allow evidence but disallowed our evidence. My lawyer and I continue to remain cordial and ethical. clearly the judge is tainted and defense is unethical? what recourse do I have if any please?

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Attorney answers 3

Posted

I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

I understand your anxiety about this, and it sounds really awful. The best thing you can do is follow whatever course your attorney suggests. No one here on Avvo can come close to giving you helpful guidance when compared to your own attorney, who knows the facts, the judge, the defense attorney and the procedural status of the case.

Most judges have seen unethical behavior, and seemingly unethical behavior, by a party or the party's attorney many, many times, and have their own ways of dealing with this problem. Sometimes they let in all the evidence anyway because doing so makes it harder for the unscrupulous attorney to claim there was no fair play. If your attorney regularly handles federal employee cases, the judge may know him or her, and assuming your attorney has been ethical and competent, the judge will have that experience in mind. On the other hand, perhaps your fears are justified and the other attorney is inappropriately damaging your case. No one here on Avvo knows what is going on and how to deal with it as well as your attorney.

FYI there are many reasons attorneys reject cases. I have never, ever known of an attorney rejecting a case due to fear of going against the federal government. Attorneys are generally not timid, and we are regularly in adversarial proceedings. More likely, the other attorneys you contacted did not know the extremely complicated procedures that federal employees must follow in EEO cases. These are very, very different from the private sector procedures. You should be relieved that you don't have an attorney who agreed to represent you even though the attorney isn't competent in this area of law.

Some attorneys only do wage and hour cases. Some only do discrimination cases. Some only handle cases where the employee is terminated. Some only represent federal government employees. There are all kinds of employment law practices.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Asker

Posted

Thank you for your information it also is very insightful. I do have a great attorney with 20yrs of going up against this same federal agency as this agency has many employees suing them for unethical behavior on the part of our supervisory staff. At present our congressman are even involved and many changes for the positive have taken place with firings and reassignments such as with my supervisor (the one who claimed I sexually harrassed him) and many changes continue at this time with help from our congressman and director of our hospital.

Posted

It might be wise not to disclose particular, specific facts about an ongoing case in a public forum which is searchable on the Internet.
Generally speaking, strategy about a case and the next steps to take should be confined to one's own lawyer behind closed doors.
That being said, the description about the meeting behind closed doors that resulted in judge becoming biased sounds like a pretrial conference. If the other lawyer was not present, it would be an unethical "ex parte communication" and the basis of a complaint. A plaintiff's attorney would know the steps to take to bring that conduct to light.
In similar fashion, the making of false or reckless statements may also form the basis of a request for sanctions against the lawyer who made such statements.
What were the true facts underlying the false statement? Was there a supervisor who lost a position 2 years ago? What were the actual reasons for that person's termination from the position?
Again, the answers to such questions should be reviewed with one's own lawyer rather than publicly over the Internet...
Hope these comments are helpful

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

I generally agree with all you said, but there are some Byzantine differences between the federal EEO process and the rest of the entire world. Federal administrative judges do at times speak to one attorney without the other present. Sometimes they wear a settlement judge hat when they do this (even though they are also the hearing judge) and sometimes they are being their own secretary, because many EEO administrative judges do not have any staff at all. Sometimes they just do it. I am NOT excusing this and its one of the many things I hate about the federal EEO process, for all the reasons that ex parte communications are impermissible. The entire procedure is a nightmare.

Barry Cahn Boykin

Barry Cahn Boykin

Posted

I stand corrected on that part, thanks for the additional comment.

Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

It's not anything I've seen in any other area of law (thank goodness) and there is no reason any attorney would expect such a thing to be acceptable. Just an example of how bizarre the federal sector EEO process is, which is one reason most employment attorneys won't take these cases.

Asker

Posted

My lawyer was given a written letter from the judge stating "I have been informed of unethical behavior on the part of "said lawyer" which brings up several concerns." She did not specifically state how she got her information, but she stated that she was given this information and as a result my lawyer had 10 days to respond to the allegations at which time the defense lawyer gets to make a motion which is actually now due today but she has asked for 30 more days contingency to make her motion. She has drug this case out extensively and the judge has continually allowed this. It doesn't help that the judge has only two years as a judge uner her belt and seems easily swayed by the defense. The letter via email that the judge wrote to my lawyer was a mear two hours after our prephearing My lawyer told me that the defense lawyer told him that two years prior my supervisor was removed from his position because I was sexually harrassing him." I have never sexually harrassed anyone anywhere for that matter however if this were true wouldn't the employer be compelled to address this issue with me two years ago when the alledged occurance supposedly occured and reported? No such thing ever happened. This lawyer is now going after my lawyer I believe in an effort to get him disbarred so the many cases he has against my employer for employer employee relations ethics violations would be either dropped or on hold as there are no other lawyers willing to take on the government. I notified our director concerning the incident and it was definitely a concern on our directors part. The manager was removed for wrong doing and that is per the agencies statement not the agencies lawyers statement

Posted

This is very confusing. How would you know that the opposing lawyer spoke privately to the judge and what that lawyer said? How would you know that the judge and opposing lawyer spread the word that your lawyer is unethical? Perhaps you should discuss your concerns with your attorney or get a second opinion. You have not posed a question that can be answered here.

Asker

Posted

My lawyer was given a written letter from the judge stating "I have been informed of unethical behavior on the part of "said lawyer" which brings up several concerns." She did not specifically state how she got her information, but she stated that she was given this information. The letter she wrote was two hours after the pre-hearing. My lawyer told me that the defense lawyer told her that two years prior my supervisor was removed from his position because I was sexually harrassing him." I have never sexually harrassed anyone anywhere for that matter however if this were true wouldn't the employer be compelled to address this issue with me two years ago when the alledged occurance supposedly occured and reported? No such thing ever happened. This lawyer is now going after my lawyer I believe in an effort to get him disbarred so the many cases he has against my employer for employer employee relations ethics violations would be either dropped or on hold as there are no other lawyers willing to take on the government. I notified our director concerning the incident and it was definitely a concern on our directors part. The manager was removed for wrong doing and that is per the agencies statement not the agencies lawyers statement.

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