advise on a lawyer contact

advise on a lawyer contact

Posted by PackMack on Dec 31, 2013 9:59 am

I was contacted by a lawyer yesterday (voice mail) about a project I was on and in charge of 4 months ago. I am a License Surveyor. There was a discrepancy on elevations for that project and the company lost the project.  I was fired from the company 3 days after the situation happened; the lawyer said that he is representing the company I was working for and would like to talk to me about  that project.  I was wondering if I should call him back and talk to him or should I contact a lawyer for myself first.  This is the first time I ever had this happen to me in 20+ years I have had my license.

One of the things the owner said to me on the day I was let go was, that if this went to court that he would have lawyers go after my license. 

Re: advise on a lawyer contact

Posted by MLB on Dec 31, 2013 2:01 pm

I don't know where you are, but to lose your license you have to do something demonstrably wrong here in California. It doesn't have to be incompetent surveying. Conviction of a felony can cost you your license. Even delinquency in court ordered payments such as Child Support can have a license suspended.

If someone files a complaint to the Board he has to provide evidence of wrongdoing. At that point you become a "respondent". You are allowed a defense.

It is pretty rare for someone to lose a license for a single act of negligence. The standard for torts is much lower. You definitely can be sued for negligence. All that is required is an unhappy client with a mouthpiece.

As a Surveyor, I can't offer legal advice. And that is what you are requesting. But as a Surveyor, I would be wary of an attorney who may be representing a party  with whom I have a questionable relationship. Calls from attorneys should always be red flags. You must be careful.

Re: advise on a lawyer contact

Posted by AverageJoe on Dec 31, 2013 2:52 pm

To answer your question, Yes to both.  I would call the lawyer but would limit the conversation to inquiring as to what his questions are, and that you will take them under consideration at this point.  I also recommend you consult with an attorney who specializes in contract law as to your exposure.  While employed with the company you were covered under the company's E&O policy they should have been carrying (I was surprised recently to learn of a large survey firm which did not carry E&O), however, I do advise you to consult with a contract law attorney to discuss any exposure as this is a complex area of law. 

Re: advise on a lawyer contact

Posted by PackMack on Jan 2, 2014 8:33 am

Thanks for your comments and I am looking into finding an attorney now