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Rising Star
Someone should get fired for this
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I guess I’m in the minority here but I would at least take the call and see what the deal is. Although you may no longer be the attorney of record, you were when the alleged malpractice took place so you could still be personally sued. If that happens you are sure as shit going to want your former firm to indemnify you and provide insurance defense counsel.
I hope other attorneys have helpful but my anxiety and experience say to make sure that you are no longer the attorney of record. Sometimes firms forget to have former associated removed and in one instance I know it was done in malice, so before deciding how and whether to respond, make sure the courts still don't have you on the hook for this case.
Fortunately, I’m not. A different attorney filed one as attorney of record. Boss was always lead.
I was inclined to agree that it makes sense to take the call. It gets the situation more fully on the table (vs you in waiting/no info mode).
Obviously, be very careful. Let him lay out his ask/thinking (and you listen, take great notes and indicate you need to take away and will get back to him.) The key would be to say as little as possible. Ideally, you’d have a witness, which leads to the next thought:
If you feel you were fired and might have a claim, is there some other, middle path here? Do you hire an employment attorney and have them take the call? Or at least join with you. You might spend a little money but it might be worth it…
I don’t know enough about your facts to say what’s the best option. It’s possible hiring counsel takes it to an unhelpful place because of the way your former boss/firm reacts. Or it sends the signal that you won’t be the scapegoat. You know the dynamics the best so follow your gut on this. I just wanted to surface a few ideas for your consideration.
This sucks. So sorry you’re going through this. Wishing you the very best.
Yeah agree with this, would take call but would say as little as possible. Then run by counsel if needed.
Why would you give him one second of your time? You do not work for him. So tell him no if you don’t want to or feel uneasy. I’d lean toward no…
He’s probably going to try to get you to sign an affidavit. I’ve seen it so many times
Probably. This is why I’m wondering if I even owe him anything? As toxic as he was I can imagine this call being similar to all our other calls. All he needs to do is look at the file. I have emails and call recording from the client about dates.
I would not take the call, and ask for communication in writing.
In a previous life as a paralegal, I had a boss call me to ask questions about my files after I left. I told them that all information available to me was in the file notes and I had nothing further to provide, and hung up. It was clear to me that they had dropped the ball and were trying to set me up as the scapegoat, and I had moved into a role where I would have needed to take responsibility if I had truly made an error prior to leaving.
Obviously the malpractice claim makes this very scary, but their E&O should handle it, and they may be jeopardizing coverage if they don’t report it in a timely manner.
I personally would insist that all communications occur in writing
I also suggest seeking advice and counsel from a trusted plaintiff-side employment attorney before engaging in any more dialogue with your former employer. It would be wise to have a strategy in place from the outset.
I would insist on email communications for the time being, to gather the facts and to understand the client or employer’s allegations.