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Posted by anonymous
After being terminated improperly and being sued by the employer (so I was the defendant - thus I couldn't just walk from case), Kevin seemed like the perfect attorney to handle the case which would eventually prove to be a case of just enforcing my employment contract (severance). Despite over two years and over $200,000 in fees - Kevin was not interested in justice or in seeing me get a fair result. He was just happy that he could keep the case going for so long and collect his fees. To get Kevin to return a call I had to make at least 3-4 calls, and even then it was obvious he was returning the call only when it was convenient for him. Likewise, emails were often ignored by Kevin. If he felt the case was not at a decision point, or a point of concern, he would often just blow me off completely and not return the call until he needed something because of some court driven deadline. Kevin is very good at scrambling to get responses to the courts a few days ahead of some court driven deadline. Kevin was completely ineffective at enforcing discovery rules as the plaintiff NEVER produced the documents we requested. When I tried to get a clear understanding of why he wasn't getting the judge to enforce this, Kevin would just mumble how the judge thinks that both sides should just produce things and he shouldn't have to enforce things. I could go on and on. While the plaintiff was just using the court system and the fees to hurt me, drag things out deferring the cash payout, etc.. When it came time to go to trial, Kevin showed his true colors again. As the settlement negotiation pre-trial became intense, it was obvious I was negotiating not only with the plaintiff, but with Kevin. That's right, Kevin was not the confidant I needed in my corner, he was another opponent who I had to worry about. What was his agenda. (spoiler alert: Kevin's agenda are fees and making his life easier). Kevin didn't want to prepare for trial over the holiday weekend. Kevin agreed to terms with the plaintiff without my consent. When I said I didn't want to agree to that, his reply: "Too late, I already agreed to it". What do you do with that. Your too deep to fire him and start over. You want to scream, that's what you do. You take a walk.
Kevin was also very deceitful withholding information, negotiating with me to get an agreement on one point before bringing up another point that needed an agreement. And finally, when I had had enough and wanted to go to trial (the week before the trial the judge forced the plaintiff to drop all their frivolous charges and all that remained were my counterclaims per the employment agreement); Kevin decided it was a good time to let me know that even if I win at trial, the plaintiff will probably be able to drag things out for another 2 years with appeals and more fees. I view this as a masterful manipulation by Kevin to get his client (me) to settle for an unfair settlement, but at a point where Kevin was able to extract the most possible fees and avoid the heavy lifting of trial (which would be the hardest work for the attorney). I had many concerns about settling with this plaintiff on a payment schedule vs. being paid out all at once. Kevin assured me he had language in there where with one phone call to him, in one week he could get the plaintiff's accounts frozen and attached and force them to pay.
Well, here were are, the plaintiff has breached the payment schedule and Kevin now tells me that it will be 60 days before we could get things fully enforced. True to form, he went off on his own and negotiated a second payment settlement to have the plaintiff pay out over time giving me little to no options (other than go find another attorney to pick up the pieces and we are too far down the line to do that).
My recommendation is that if you enjoying being screwed over by whoever your opponent is, hire Kevin and you can double the fun