Comments on: Tulare Sues Former City Attorney https://www.ourvalleyvoice.com/2018/12/12/tulare-sues-former-city-attorney/ In-depth, locally-produced coverage of the Central Valley. Tue, 12 May 2026 20:43:41 -0700 hourly 1 https://wordpress.org/?v=6.9.4 By: Dan https://www.ourvalleyvoice.com/2018/12/12/tulare-sues-former-city-attorney/#comment-16583 Dan Tue, 18 Dec 2018 16:48:48 +0000 https://bak.ourvalleyvoice.com/?p=26437#comment-16583 Dave, in the article it does discuss the damages that Heather Phillips caused. A lawyer can be sued for malpractice... either a breach of duty, they did or didn't do something that another attorney would have done in a similar case, such as failure to act on a public records request. Another is breach of contract, not sure if this applies depends on contract but looks as though she was supposed to provide an accounting of hours and didn't. Just looking at the article seems to me things weren't handled professionally. Dave, in the article it does discuss the damages that Heather Phillips caused. A lawyer can be sued for malpractice… either a breach of duty, they did or didn’t do something that another attorney would have done in a similar case, such as failure to act on a public records request. Another is breach of contract, not sure if this applies depends on contract but looks as though she was supposed to provide an accounting of hours and didn’t. Just looking at the article seems to me things weren’t handled professionally.

]]> By: Dave M https://www.ourvalleyvoice.com/2018/12/12/tulare-sues-former-city-attorney/#comment-16553 Dave M Fri, 14 Dec 2018 19:48:21 +0000 https://bak.ourvalleyvoice.com/?p=26437#comment-16553 I do hope there's more to the actual complaint. To be sure, that fee seems out of line. But to me, the easiest thing to do would be to terminate the contract and then find a suitable replacement. After all, a previous Council agreed to and signed the contract for good or ill. The only way to recover damages, I would expect, would be to prove that their inadequate representation resulted in damages that might otherwise not have been incurred. That would be a pretty high bar I think. I do hope there’s more to the actual complaint. To be sure, that fee seems out of line. But to me, the easiest thing to do would be to terminate the contract and then find a suitable replacement. After all, a previous Council agreed to and signed the contract for good or ill.

The only way to recover damages, I would expect, would be to prove that their inadequate representation resulted in damages that might otherwise not have been incurred. That would be a pretty high bar I think.

]]> By: Linda https://www.ourvalleyvoice.com/2018/12/12/tulare-sues-former-city-attorney/#comment-16538 Linda Thu, 13 Dec 2018 02:21:50 +0000 https://bak.ourvalleyvoice.com/?p=26437#comment-16538 Another of Jones' good buddies! She was just watching out for his interests. Wat did you expect? Another of Jones’ good buddies! She was just watching out for his interests. Wat did you expect?

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