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POBOR malpractice!! HELP!

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  • POBOR malpractice!! HELP!

    I had a work investigation. The department withheld a report (labeling it confidential), LIED about not interviewing my supervisor, & only shared 2 interviews w/ colleagues. I told my union assigned attorney that the confidential label didn't make sense, that there was NO WAY they didn't interview the supervisor, & that it didn't make sense that they didn't interview 4-7 colleagues. I argued they must have said things mitigating for me. She stated, the "judges don't care about due process issues." I ranted about how they lied in my report (to cover up their mistakes, which shows an awareness they screwed up). She stated, "the judges don't care about the cover ups." At arbitration, this attorney DID NOT get into these issues. I was horrified! In POBOR, due process issues negate allegations. A few months ago I met w/ my prior supervisor- guess who had been interviewed, but probably not recorded!! The attorney didn't subpoena retirees I said to.... then let me think they just didn't show up. So much incompetence; I could write 15 pgs. I have found only ONE attorney (in Sacramento) who has both POBOR & legal malpractice experience, but he won't take the case. I've been thru every atty on the state bar site w/ specialization in malpractice. The attorneys are intimidated by lack of POBOR knowledge & don't believe how ANY DUE PROCESS matter negates allegations as they are skeptical. They can't fathom how they could have changed my outcome. Does anyone know of any attorneys who would take this type of case??? HELP!!!

  • #2
    Your FIRST action is to delete this post.
    Your SECOND is an Attorney via your POA.
    Now go home and get your shine box!

    Comment


    • juggle
      juggle commented
      Editing a comment
      I get you, but I can't be going to the union because if I sue it's possible I may have to include the union in the litigation. They wouldn't want to refer me to an attorney who could end up suing them.

    • CCCSD
      CCCSD commented
      Editing a comment
      If a POBOR educated Attorney won’t take it, there’s more to your tale.

    • juggle
      juggle commented
      Editing a comment
      There isn't something nefarious in my "tale." The POBOR attorneys I've tried are unanimous in their horror, but state their firms don't take malpractice, so they can't. I will add that I did file a Mandamus Writ (50/50 it gets dismissed) & this attorney has been very supportive & agrees about the malpractice & possible "intentional negligence." But she does employment & POBOR & won't take malpractice case.

  • #3
    juggle, remember that people in your department probably visit Officer.com. You're providing too much and too specific information on your case. I'd delete your post, at least the specifics of the case.
    Secondly, your profile says you are on probation, are you covered under the POBOR? Probationary officers in Maryland are not, except in excessive force cases.
    Lastly, I'd also suggest contacting your union. Even if they cannot represent a probationary officer, they may still provide useful guidance.
    Good luck and be safe.
    John from Maryland

    Comment


    • juggle
      juggle commented
      Editing a comment
      I consider your points, but in this case I actually am not likely to be identified. I also left a lot out & nothing I wrote would tip off anyone about strategy. I amended my profile as I was not "on probation." It was the union who assigned me to this attorney who actually said "the judges don't care about due process issues" then refused to get into them. I'm not sure whether I'd have to include the union in any litigation, so can't ask them-- who can I call to sue you? Though, if I had to sue the union, they wouldn't be my target-- maybe I'd just need their contract or fees/hours w/ the firm & whether a cap was put on amount of time to be spent on the case....

    • L-1
      L-1 commented
      Editing a comment
      In California, the union is your exclusive representative in labor relations matters. Lacking legal expertise and training, they have elected to to delegate to an attorney, making him the union's agent. If the union's agent is incompetent, then the union may have failed to represent you adequately, and you go after them and their agent, but ultimately, the union is responsible.

  • #4
    These folks are pretty familiar with POBR. Don't know about malpractice.

    https://www.mastagni.com/

    https://www.rlslawyers.com/

    https://www.stonebusailah.com/

    Somewhere in California law (I don't remember where - Penal Code, Government Code) is a section making it a misdemeanor for an investigator to exclude exculpatory information from a IA. If you can find a clear cut violation, you can bring it to your agency's attention and request they initiate enforcement action, but I've seen this done before and ignored.

    And your attorney is right, judges do ignore this stuff if the violation is merely procedural. They are more concerned with the meat of the violation - did you do what you are accused of and did it meet the elements of the law, rule or policy violation alleged?


    Going too far is half the pleasure of not getting anywhere

    Comment


    • juggle
      juggle commented
      Editing a comment
      The ONE attorney in the state who has malpractice & POBR experience & will NOT take the case is at one of those firms. The other firm I did try, but they won't take it as they don't do malpractice. The 3rd one, I just checked their site, malpractice isn't listed (but I'll still call). The thing is that in POBRA, withholding interviews & reports & ______ negate allegations. One POBRA attorney I spoke w/ who doesn't do malpractice, even said that sometimes if you have the violation you don't even need to get into other defense points because the violations can be SO powerful. There were legitimate mitigating factors in my case, but that POBRA attorney said the due process ones were so strong, the attorney could have even ignored mitigation & focused on DP.

  • #5
    You NEVER air these things in public. Everything you’ve posted is now in the city’s hands.
    Now go home and get your shine box!

    Comment


    • #6
      When you are assigned an attorney (by an insurance company, by a union, whatever) you should always keep in mind that the attorney is representing the entity paying the bills and your interests are secondary at best.

      The word "malpractice" implies a breach of professional ethics or duly adopted regulatory standards. How can that happen when the attorney is representing the union's interests instead of yours?

      Last time I retained an attorney to represent me in a civil matter the hourly rate was $350 and I had to come up with $3500 to start the ball rolling at the court house. That was a pretty tame matter (settlement of a dead cousin's estate), still took over a year and I was out of pocket for over $15,000 in legal fees and court costs before it was over. You are describing something that might require dozens, perhaps hundreds of hours and a pile of expenses before anything happens, good or bad.

      Sounds like your union took a look at the situation and decided that a diligent effort would cost more than one member might be worth, especially with the knowledge that after you are gone the city will hire someone else to pay the same union dues you have been paying.

      Comment


      • juggle
        juggle commented
        Editing a comment
        Oh I agree, this is partially why I haven't contacted the union yet. I talked w/ one POBR attorney yesterday & he was saying that the attorneys let the union know if they think the case has a chance, so it affects the funds & effort put in. This can be negligent especially when the attorney is GIVEN gifts of due process & fails to address them. In the end, the case would have gone differently.

    • #7
      Then contact PORAC.
      Now go home and get your shine box!

      Comment


      • juggle
        juggle commented
        Editing a comment
        Oh BTW, I did try them months ago. They refused to suggest any names for attorneys who may take this kind of case. I guess you could say that I was asking for the name of an attorney to sue someone who may be their friend.

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