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Sharon Fleming
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Best lawyers in Ben Lomond, CA
16 Dec, 2011 by Katherine
Mr. Afshari is a panelist for the SF Bar mediation program. He was assigned to my case concerning med mal. My attorneys had errored on their filing of my case and walked out on me before mediation when this was brought up to them.
Mr. Afshari called the day prior to the "mediation" to inform he didn't see the need to go forward, as "this type case" never settles. I told him that was fine and I'd wait for the pre-trial judge's mediation and infm'd him my attys made a fatal mistake on the case; I didn't see why it was being mediated at all; I didn't know why defense was continuing, and if it went to "trial," it would be dismissed by the trial judge anyway; so I was okay with not spending another [wasted] day arguing a case that shouldve been dismissed a year earlier. He said okay, and told me he'd talk with defense counsel to cancel the mediation, and he agreed the case was too damaged to hold up in court. He called back w/in an hour (after talking with defense) and told me mediation would go forward. when I questioned why if it was a waste of time and money, he answd maybe he could "help me." so I agreed to attend. When I arrived at his office, instead of being allowed in the conference room with opp counsel and defendant, Mr. Afshari made me sit in a storage room filled with boxes -- his"mediation" went on over 6 hrs, and up until the last 1/2 hour, that is where I was forced to sit. It was claustrophobic, very uncomfortable and smelt bad. There was a locked door if I needed to exit to go to the bathroom or anything outside this room, I had to get him to escort me in order to leave. I did protest, but he was assuring at first that this was the way mediations were done; i.e. - parties didn't sit in the same room; instead - he'd run back and forth btwn -- and relay responses. I told him I'd never heard of this, but he insisted I was wrong. I showed him pics and code violations and falsified paperwork that was starting to become apparent (both my counsel and opp counsel had been conspiring to ruin my case so as to save my own counsel from bar disciplines and defense counsel could over bill their insurance company client). After many hours sitting in that closet, I finally got fed up -- nothing was going anywhere and this "mediator" was severely pressuring me to dismiss my case and sign an agreement for the doctor's benefit: that I'd file no further papers w/the court about anything that'd gone on previous to this day and I'd cancel my med board complaint, and I'd take down all public comments that I'd posted; and for that, Mr. Afshari assured me defndt wouldn't go after me for money she was losing having to be at mediation; and he threatened, she'd sue me for the week(s) she'd need to take away from her practice to attend a trial, which he informed would be over $100k in lost revenue I'd be responsible for, and so it was in my best interest to sign their agreement. I kept answering him that I knew my case was too messed up to go to trial and I'd go after my own attys for legal malpractice, but I wouldn't let the medical board complaint go. He became furious with me and threatened me further, in tears I called a friend (who spoke w/his atty and called me back) and they advised I could settle for no $ and still go after prior counsel. I advised Mr. Afshari of this so we could all go home. but Mr. Afshari and defense counsel continued to refuse that settlement even; unless I agreed to drop all investigations and never file anything furher about any parties (the defendant or the attorneys) again. I tried to leave. Mr. Afshari chased me to the elevator and told me I couldn't leave or it would look bad for me and he'd report to the judge that I was "uncooperative" and I would be in worse trouble... it got worse and and after the mediation he began calling me at home at request of defense counsel to further harass me.
I am confused why mediation is necessary if this is how they are handled.
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