I hired Richard McGinty for a Social Security Disability claim in January of 1996. I tried to give him as much medical background as possible. I had a sexual harassment claim with a stress claim against Liberty NW Ins client.
I had two psychiatrist reports and chart notes from my treating doctor that Liberty would not release to me, so when I hired Richard McGinty I told him about these reports and asked him to get them. He wrote a letter to Liberty stating he was representing me in a workers’ comp claim and requesting my entire file. They sent all information including letters between Liberty NOW and the attorney handling the sexual harassment suit, and early “dirt” they tried to go dig up, i.e. witness contacts from 1987 and letters statements by these witnesses didn’t hold up in depositions.
These witness contacts were gross and horrible and were obvious lies.
Both doctor reports that I had this stress released disorder without contacting me to get any kind of explanation or anything, Richard McGinty (MY attorney) sent the Social Security office the doctor reports and the witness contacts. He did not send the company letters or try to find out if any of this information was true.
I was denied Social Security Disability (with Richard McGinty as my attorney) based partially on my credibility.
I
was unaware of this information until I went to Legal Aid to get help from
them to get General Assistance.
I requested the information from Richard McGinty, which he sent me, and was shocked when I discovered what he had done.
I immediately called him and asked him about this and he stated, “I felt it was my moral duty to turn them in.” When I asked him why he didn’t ask me about them first, he stated, “I made a judgment call.” I terminated him at that point.
Richard McGinty grossly violated Attorney/client relationship and trust by turning over this information and causing me both extreme suffering and embarrassment.
Oct 14, 98
Richard McGinty submitted only two Doctor reports and these witness
contacts without my even being aware of the existence of these witness
contacts, and he did not submit supporting evidence that was available to him
in that file, showing these witnesses were not considered credible by Liberty
Northwest, and that they felt I have a valid claim.
At the hearing for Social Security benefits, the Judge was very hostile to
me and I felt something was wrong but no idea what. At the end of the hearing,
I tried to ask Richard McGinty what was happening, and he told me, “you
are just your own worst enemy.”
When I pursued him, he walked
off stating, he "wasn’t going to talk about it and that the record
stands for itself."
I felt the Doctor’s Reports from my Worker’s Comp file were important to my case, however to single out these horrible unsubstantiated and false witness contacts from a file with 200 pages and submit them as evidence without asking me about them, was a blatant and unconscionable act on the part of Richard McGinty.
He repeatedly told me that after reading the witness contacts (he only mentioned the ones involving sex), that he felt it was his “moral” obligation to submit them as evidence. I feel his actions of not submitting the entire file or even all relevant sections of this large file, proves this is a definite violation of the attorney code of ethics.
I have suffered greatly at the hands of Richard McGinty and as this is an ongoing case,
I must suffer further embarrassment and extreme distress due to the Richard McGinty’s actions.
