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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,514

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    There have been cases - some reported widely, some not - where the actions of certain police officers have been, to put it mildly, reprehensible.

    That doesn't justify the assumption that every cop in every situation is always the one in the wrong.

  2. #12
    Join Date
    Oct 2016
    Posts
    4,298

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    Quote Quoting L-1
    View Post
    If that is what the OP is talking about.

  3. #13
    Join Date
    Mar 2013
    Posts
    18,256

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    We don't know what the OP is talking about. How about we wait until he tells us before vilifying him.

    Though I wouldn't blame him for not coming back at this point.

  4. #14
    Join Date
    Sep 2020
    Location
    California
    Posts
    4

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    The outcome was that termination was upheld. POBRA violations included not having representation before questioning, not being given a specific report, not being given anywhere between 2-7 colleague interviews, & not sharing my supervisor's interview. In fact, they straight up lied, saying that she was was not interviewed. I told my attorney that they withheld them because the colleagues would have made comments relevant to mitigation & possibly useful if I sued for harassment/bullying issues: they were worried I was going to sue so they handicapped me. Why else withhold the interviews? I also believe they purposely didn't record my supervisor. I spoke w/ Mandamus atty this a.m. She considers the worst mistake to be not filing DFEH or gov't tort claim or advising me to have it done. I hope my case doesn't get tossed out. I am so curious to see how many were interviewed but were withheld. Mandamus attorneys see malpractice right & left largely because a narrow view of my case was held & there was lack of effort/incompetence in not taking advantage of due process. She REFUSED to ask about these issues!!!

    I get your sarcastic empathy. Regardless, there were multiple due process matters & the attorney stated, "the judges don't care about due process issues." Then she actually refused to get into them. My Mandamus attorneys agree w/ my analysis (I've spent all year reading various case summaries). I'm so curious to see how many interviews were withheld. Hopefully my case doesn't get tossed. Ideally, I'd love to learn of a malpractice attorney who isn't unnecessarily leery or POBOR cases, but am aware I may be wasting my time here.

    BTW, not all peace officers are cops. Also, the vast majority of cops are well intentioned, & work hard in a scary, dangerous, traumatic line of work.

    ok, I didn't phrase that right. I guess I was trying to communicate how powerful due process breaches on POBRA cases are & didn't articulate that well.

  5. #15
    Join Date
    Oct 2016
    Posts
    4,298

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    Quote Quoting juggle
    View Post
    The outcome was that termination was upheld. POBRA violations included not having representation before questioning, not being given a specific report, not being given anywhere between 2-7 colleague interviews, & not sharing my supervisor's interview. In fact, they straight up lied, saying that she was was not interviewed. I told my attorney that they withheld them because the colleagues would have made comments relevant to mitigation & possibly useful if I sued for harassment/bullying issues: they were worried I was going to sue so they handicapped me. Why else withhold the interviews? I also believe they purposely didn't record my supervisor. I spoke w/ Mandamus atty this a.m. She considers the worst mistake to be not filing DFEH or gov't tort claim or advising me to have it done. I hope my case doesn't get tossed out. I am so curious to see how many were interviewed but were withheld. Mandamus attorneys see malpractice right & left largely because a narrow view of my case was held & there was lack of effort/incompetence in not taking advantage of due process. She REFUSED to ask about these issues!!!

    I get your sarcastic empathy. Regardless, there were multiple due process matters & the attorney stated, "the judges don't care about due process issues." Then she actually refused to get into them. My Mandamus attorneys agree w/ my analysis (I've spent all year reading various case summaries). I'm so curious to see how many interviews were withheld. Hopefully my case doesn't get tossed. Ideally, I'd love to learn of a malpractice attorney who isn't unnecessarily leery or POBOR cases, but am aware I may be wasting my time here.

    BTW, not all peace officers are cops. Also, the vast majority of cops are well intentioned, & work hard in a scary, dangerous, traumatic line of work.
    And that "Mandamus atty" has no interest in your case or can point you to an attorney that does?

    This forum doesn't do attorney referrals. But there is a button at the top that goes here https://www.expertlaw.com/lawyers/

    That is nothing but lawyer referrals.

  6. #16
    Join Date
    Sep 2020
    Location
    California
    Posts
    4

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    The Mandamus atty doesn't do malpractice. Like I've said, the ones who specialize in it mostly DEFEND attorneys. There are FEW plaintiff legal malpractice attorneys and in my case the whole POBRA thing is unnecessarily intimidating. 3 that I spoke with specifically commented on their lack of POBRA knowledge. Yes, I am aware posting on this site may be a waste of time.

  7. #17
    Join Date
    Oct 2016
    Posts
    4,298

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    There should be just as many plaintiff's lawyers out there as there is defense. Otherwise, who are they defending against? Look harder. I'm really surprised that your "Mandamus atty" doesn't know someone if she is so sure about your case.

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,514

    Default Re: Peace Officer Bill of Rights (Pobra)- Legal Malpractice--

    If you are looking for attorney referrals I would recommend that you contact your state Bar Association, your local Legal Aide, or any law schools in your area. They should be able to point you in the right direction for the specialty/sub-specialty you need.

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