QUESTION

Is my attorney accountable for checking on my right to sue notice and making sure it was file on time?

Asked on Oct 28th, 2013 on Labor and Employment - Idaho
More details to this question:
A law firm call and ask to take my case. I paid them my retainer fee and I send them all my information pertaining to my case an my EEOC charges against this company. Four months later, I was asked to see them the right to sue notice. I told him I did send all the information I had. He said the notice I send was the charges, so I went to EEOC and got the right to sue notice and fax it to him. Three weeks later, I called about my case and he said the right to sue notice was file late but he said he can still try to get me some money. I hired the law firm to handle my case.
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3 ANSWERS

Civil Rights Attorney serving Seattle, WA at Teller law
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There are a lot of issues tied up in here. I would call some lawyers that do employment discrimination and ask about it. 1) Lawyers don't usually get to call people they think have claims and ask to help. Something is either wrong or missing here. 2) They are supposed to watch deadlines for you unless they are pretty clear that they are not going to do that. The question is did you hire them. If you paid a fee the answer is probably yes unless they were clear that they were only doing a consultation or similar. 3) Because there are also state law claims in every discrimination case, it may not matter if you missed a deadline related to EEOC unless there is a good claim for punitive damages in the particular case. In sex harassment or other discrimination cases you can only get punitive damages in Washington State if you go to EEOC and file within 90 days of the right to sue, but all the other types of damages are available whether or not you do that. This is called "exhausting your administrative remedies" with EEOC. If it's a race or national origin discrimination case then you don't have to go to EEOC to get punitive damages anyway. Hope this helps. It's not a good sign that the lawyer missed any deadline, and it may make sense to talk to other lawyers about the situation, consider changing lawyers, or at a minimum try to take a more active role in your case.
Answered on Nov 01st, 2013 at 2:13 AM

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Sexual Harassment Attorney serving Brooklyn, NY
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You need to meet with a legal malpractice lawyer to see if the lawyer can be accountable.
Answered on Nov 01st, 2013 at 12:57 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Look at your fee agreement. I will bet that you had the obligation to get the right to sue letter. It had probably been sent to you, since that is the EEOC's obligation. So I doubt that your attorney is at fault.
Answered on Oct 31st, 2013 at 8:28 AM

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