Attorney Seems To Intentionally Not Want To File For Attorney Fees.
Recently won in an EEOC discrimination case - in the beginning of this case, the attorney was semi-responsive. Yet, originally the case was found not in my favor. After it was found not in my favor, the attorney was hard to get a hold of. (The retainer was originally $1000)
I typed the appeal and filed it. The attorney wasn't going to do it - they said they would at least proofread it - but never responded before the deadline. So, I submitted it anyway. (Actually, two years later they never followed up on my e-mail requesting a follow-up to the proofread status)
Anyway, the appeal was found in my favor - and I was awarded attorney fees and a settlement to be determined. The attorney is back in the picture now. The original contract with the attorney was 40% of the settlement if attorney fees weren't awarded. Yet, for them to get attorney fees on this case - they have to submit a verified statement of attorney fees within 30 days.
Two weeks later the attorney hasn't done this, and I'm concerned that they are deliberately not going to do this to get 40% of the settlement. I've sent two e-mails reminding them to do this and they refuse to acknowledge it. (Not including the e-mail EEOC sent them along with snail mail). I'm going to call the attorney next week.
But, is there anything I can do to prevent them from doing this? Or say they do attempt to do this - is this something the complaint to the local bar will even look into? Edit: Googling - Would this fall under legal malpractice?
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