My question involves malpractice in the state of Pennsylvania.
I have agreed to a settlement of an employment discrimination complaint I had filed against my former employer. The former employer used an independent attorney to conduct an investigation into a claim for harassment of which I was not a participant in. The end result of the investigation of the harassment complaint was my termination which was based upon the recommendation of the independent attorney. It was suspected that the employer worked with said attorney to devise a way to justify my termination. As such, I filed a claim of employment discrimination for which a settlement was reached. Now, I understand that the employer is filing a suit against the independent attorney for malpractice, accusing that he/she did not handle their defense properly which forced them to settle, probably for a higher amount than they anticipated. Primarily, the "mishandling" of their defense that they are refuting is the fact that the attorney was not able to produce supporting documentation on their behalf to support that he/she was in fact an independent and was not working for the employer. Additionally, a forensic IT expert concluded that the attorney's computer had been "scrubbed", giving the impression that evidence had been destroyed.
As is typical, included in the settlement agreement was the statement that I would release the employer of all claims and can not file any new claims against them. My question is, since the independent attorney did jeopardize the integrity of the of my case, this also had an impact on the outcome of the case for me as the plaintiff. Am I able to "piggyback" the employer's complaint of malpractice against this attorney or file my own complaint? Or by signing the settlement agreement have I relinquished my right to sue for anything further relative to my case?
I have agreed to a settlement of an employment discrimination complaint I had filed against my former employer. The former employer used an independent attorney to conduct an investigation into a claim for harassment of which I was not a participant in. The end result of the investigation of the harassment complaint was my termination which was based upon the recommendation of the independent attorney. It was suspected that the employer worked with said attorney to devise a way to justify my termination. As such, I filed a claim of employment discrimination for which a settlement was reached. Now, I understand that the employer is filing a suit against the independent attorney for malpractice, accusing that he/she did not handle their defense properly which forced them to settle, probably for a higher amount than they anticipated. Primarily, the "mishandling" of their defense that they are refuting is the fact that the attorney was not able to produce supporting documentation on their behalf to support that he/she was in fact an independent and was not working for the employer. Additionally, a forensic IT expert concluded that the attorney's computer had been "scrubbed", giving the impression that evidence had been destroyed.
As is typical, included in the settlement agreement was the statement that I would release the employer of all claims and can not file any new claims against them. My question is, since the independent attorney did jeopardize the integrity of the of my case, this also had an impact on the outcome of the case for me as the plaintiff. Am I able to "piggyback" the employer's complaint of malpractice against this attorney or file my own complaint? Or by signing the settlement agreement have I relinquished my right to sue for anything further relative to my case?
Legal Malpractice: Piggybacking a Malpractice Suit
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