Legal Question in Legal Malpractice in Virginia
Employment
Do I have standing to file a lawsuit
regarding the unethical practices by
the general counsel for my employer
in representing the univ. and
me as co-defendants, and the
university refusal to pay for separate
counsel, despite acknowledging I did
nothing wrong? I am a college prof.
at a private univ. (contract). I was
named as a co-defendant in a Title
VII case that had been ongoing prior
to my employment. The plaintiff was
my subordinate employee. The
university�s general counsel
represented the university and me as
co-defendants. I refused to sign a
waiver regarding their conflict of
interest. The university�s general
counsel was intentionally ineffective,
as a tactical measure, in getting my
portion of the case dismissed and
representing my interests. They
kept me in the case because I was
the best witness to help defend the
university�s administration
indefensible retaliatory actions
against the plaintiff. I was forced to
hire my own attorney, paying out-of-
pocket.The university�s general
counsel attempted to settle the case
with the plaintiff and, at the same
time, prevent any possible lawsuit I
might have against the univ.
2 Answers from Attorneys
Re: Employment
Your claim that "the University's general counsel was intentionally ineffective, as a tactical measure, in getting my portion of the case dismissed and representing my interests" would likely be difficult to prove (in my opinion)along
with your assertion that the general counsel's representation of you was so deficient and compromised that you needed to hire your own attorney.
Of course, many more relevant facts and probative evidence might possibly cast a different light on matters, but based upon what you've provided thus far in your question, I don't see your claim against the University as likely going anywhere except out of court (as dismissed).
Re: Employment
you may have a case for legal malpractice if the University lawyer answered on your behalf. If a lawyer undertakes to represent more than one client and a conflict arises, he cannot choose which one to represent unless the other agrees. Without complete agreement the lawyer has to withdraw. The short answer is that I would have to see the pleadings and know more facts.
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