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    Char5762's Avatar
    Char5762 Posts: 2, Reputation: 1
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    #1

    Jul 4, 2012, 12:34 PM
    Wrongful Dismissal
    After I returned to work from stress leave I was dismissed by my company... I have had a lawyer since that time! I feel my lawyer does VEEERY little regarding my matter.. I can naot afford another lawyer and start this all over , it has been 10 years that this firm has had my case. I have complained to no avail...

    What can I do... can I sue my ;awyer to try to recoup my money that I have already pd so I can seek a lawyere that can help me
    .
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jul 4, 2012, 12:58 PM
    Quote Originally Posted by Char5762 View Post
    After I returned to work from stress leave I was dismissed by my company...I have had a lawyer since that time! I feel my lawyer does VEEERY little regarding my matter..i can naot afford another lawyer and start this all over , it has been 10 years that this firm has had my case. I have complained to no avail...

    What can I do .....can I sue my ;awyer to try to recoup my money that I have already pd so I can seek a lawyere that can help me
    .
    Where would this be exactly? Most employees are in what's considered AT-WILL employment. Unless you are in a Union... have an ironclad labor contract... or a few other special situations.

    We need a few more details... but realistically... you chances of winning a case against your lawyers are even more remote than winning it against your old employer. And you see how far that went.

    Sure you can sue them... you can spend your last dime trying... you can sue almost anyone for almost anything... but nobody said anything about actually winning.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 4, 2012, 05:03 PM
    Quote Originally Posted by Char5762 View Post
    ... it has been 10 years that this firm has had my case. ...
    Has the firm filed a court case? If not, the SOL has no doubt run.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 4, 2012, 05:34 PM
    First you can ask for a refund of the difference of what you paid as a retainer and the actual work done. They will have charged by the hour for research, letters, phone calls and more.

    Next was the "leave" for stress, a workers comp injury or considered that on paid leave for them for stress.

    But even so, after you returned back, I see no reason, if there is no contract they can not fire you. There is a difference from wrongful dismissal, and a illegal wrongful dismissal.
    Most likely they were free to fire you, the attorney hoped a threat would get a settlement, it did not, they got your money.

    The trick to these types of cases, if the attorney really thought they would win, they would have done it with no money up front, and just asked for a percent of the win if they won.
    When they ask you on law suits against you company for money up front, good sign they don't think they will win

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