Hey there, i have a case pending now of FCSDNY. I was terminated from my old job once i complain and asked for audited of my time as well because i was transfer to a new department where part of the position included the filling of forged documentation to

Hey there, i have a case pending now of FCSDNY. I was terminated from my old job once i complain and asked for audited of my time as well because i was transfer to a new department where part of the position included the filling of forged documentation to WCB. Story short i had my settlement conference and i agreed on a number. but after that my attorneys went mia, a month later presented me with a confidentiality settlement agreement. After i reading the doc, i didnt agree with it and refused to sign my attorneys were furious and even said that the judge drafted the document. After a lot back a forward, i saw email from my counsels to the defendant's counsel saying " Go ahead and file your part under seal" since that i being feeling weird about my counsels and how much they are pushing me and treating me to sing this agreement , when i asked to see the terms of settlement or any communication btw my counsels and the defendants counsels all i get is the run around. As well i saw online that since the settlement conference several motions were filed by my attorneys without my knowledge.I'm really lost....so far i havent sign anything. Anyone any light will be greatly appreciated. Thank you

2 answers  |  asked Jan 25, 2016 01:46 AM [EST]  |  applies to New York

Answers (2)

V Jonas Urba
The Office of Attorney Regulation is certainly one option but I am not certain that that is your best option, given the information provided.

You have reached a number which in and of itself is a great first step. If you decide to fire your current attorneys (which is always an option) you may still owe them attorney fees for the work they have done and you may wish to consult with other attorneys in your area regarding whether they would be willing to substitute counsel and how much that might cost you, etc..... and what they might be able to do for you which your current counsel are not doing.

You might be surprised by how many clients I represent and it is not until months later that I learn facts which they either believed they did not have to or did not want to share with me. I do not know whether that applies in your case but your first step should be to schedule an in-person office conference with your attorneys and share your feelings and concerns with them. You may be surprised at how quickly your issues and concerns resolve themselves.

We are very busy and sometimes one or two clients take up an unbelievable amount of time. That does not mean that these clients do not deserve it but it means that we may believe that a case is resolved, have already moved on, and now a client tells us that they disagree. Your lawyers may not realize or recognize how important the "sealing" requirement is for you and the language regarding sealing should be incorporated into your agreement; I would think?

You are represented by legal counsel. I can not and never give legal advice unless a client has retained me. I can simply make a few suggestions and if someone follows them fine but if they choose not to that's OK too.

You should not have several attorneys advising you at the same time because an attorney such as myself has no knowledge regarding the facts of your case, the specifics of settlement negotiations, or the filed lawsuit.

Courts "generally" frown on "sealed" anything unless there is some type of safety concern or some other extremely compelling good cause for preventing public access to court proceedings which are supposed to help everyone understand how the system works.

Usually, it's the employer who wants information to remain private. Do not post any specific facts on this public forum.

Schedule a personal conference with your current lawyers. If that does not resolve the issue then schedule some conferences with other potential lawyers who you might consider substituting for your current lawyers. In the worst case scenario contact the Office of Attorney Regulation. Remember that if the judge is overseeing settlement and you jump to Attorney Regulation without informing your own lawyers about the problem you may have a notice problem since Attorney Regulation is likely to ask you that very same question.

posted by V Jonas Urba  |  Jan 25, 2016 11:41 AM [EST]
Nina Kazazian
If you have questions or concerns about your attorneys conduct, you should contact the Office of Attorney Regulation.
Ask your lawyer to provide copies of all communications with the other side, and all filings with the court.

posted by Nina Kazazian  |  Jan 25, 2016 10:26 AM [EST]

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