A Philadelphia lawyer has been hit with a legal malpractice claim over his alleged actions representing a client in New Jersey who was sexually assaulted at a work event.

Former client Shajuan D. Clark sued attorney Michael A. Hanamirian in Camden County Superior Court.

Clark retained Hanamirian to assert any and all claims that could be brought in good faith in connection with her alleged sexual assault by a co-worker and her subsequent firing.

But Hanamirian allegedly failed to sue the assailant and the employer, and his suit against the casino hotel where the assault took place was dismissed for lack of discovery, the malpractice suit claims.

In July 2018, Clark attended a business meeting conducted by her employer, Ingerman Management of Collingswood, at the Bally's Hotel and Casino in Atlantic City. While she was there, she was allegedly sexually assaulted by co-worker Shaheed Riley, the suit says. Riley was arrested and charged in connection with the incident, according to the suit.

After the incident, Clark began attending therapy sessions, and she requested a workplace accommodation for appointments. But the company allegedly slapped her with a written discipline that was false, discriminatory and retaliatory, the suit claims.

In October 2018, Clark suffered a panic attack and a doctor ordered her to take leave from work, the suit claims. She retained a workers' compensation attorney who began preparing a petition for her. Also in October, she began taking time off under the Family and Medical Leave Act. But on Jan. 28, 2019, Clark was dismissed from her job. She was allegedly told that her FMLA leave had run out and she could not have more, the suit claims.

"Regardless of what Mr. Hanamirian himself thought he would or would not assert on behalf of plaintiff, however, New Jersey law required that Mr. Hanamirian at least identify any and all claims that the plaintiff may have possessed, and then to explain to the plaintiff which claims he would, and would not, include in any litigation. Hanamirian at all times failed to do this," the suit claims.

In July 2020, Hanamirian filed a suit against Caesars Entertainment Corp., operator of Bally's. The suit included a count for negligence, gross negligence, recklessness and willful, wanton and outrageous misconduct.

But the suit did not include Riley, the attacker.

If Riley had been named as a defendant, the plaintiff could have brought a claim for gender bias because the alleged attack was committed based on the plaintiff's gender, the legal malpractice suit alleges. Such a claim contemplates damages for emotional distress, punitive damages and, unlike a common-law personal injury theory, attorney fees and costs.

"Had such a cause of action been pled against Mr. Riley, it would have created additional bargaining power and pressure on Mr. Riley to settle, because of the presence of the 'shifting' attorneys' fees, beyond any damages to plaintiff. Had Mr. Hanamirian pled this cause action and achieved judgment against Mr. Riley, the judgment would have been increased by the amount of the attorneys' fee, thus increasing the measure of justice done on behalf of plaintiff," the suit claims.

Hanamirian's suit allegedly also failed to bring a claim against Ingerman Management, according to the malpractice complaint. Under New Jersey's Law Against Discrimination, the plaintiff has a right to a "reasonable accommodation" for a disability, which might include an absence from work for a reasonable period of time, the malpractice complaint states.

Although Hanamirian's suit did not include Riley, the alleged attacker, the lawyer for the casino, Russell Lichtenstein of Cooper Levenson, added Riley as a third-party defendant. Then, another Cooper Levenson lawyer, Lauren Wright, moved to dismiss the case for failure to make discovery, the legal malpractice complaint states.

Then, in April 2021, Lichtenstein and Hanamirian signed a stipulation of dismissal, the suit says. Hanamirian's signature, on behalf of Clark, provides a permanent end to the matter, ending her ability to pursue her claims any further, the malpractice suit says. In addition, the stipulation provides that no compensation would be due to Clark from the defendants, according to the malpractice suit.

Kevin Costello of Costello & Mains. Courtesy photo

"At no time did Hanamirian explain to plaintiff what a dismissal 'with prejudice' would mean. Hanamirian falsely, intentionally, fraudulently and dishonestly ended the matter for reasons known only to him, in direct derogation of his ethical, professional and legal responsibilities to his client, Shajuan Clark. As well, by this point in time, of course, the statute of limitations for any claims against Shaheed Riley had also passed, depriving the plaintiff of any relief against him," the malpractice suit claimed.

The case against Riley was allegedly incredibly strong, owing in no small part to the criminal investigation and prosecution, the legal malpractice suit claims.

And the claims against the former employer were also meritorious, the suit alleges. The claims of negligent security were also meritorious.

"Had Hanamirian acted diligently, with integrity and zealously, plaintiff may have received substantial and appropriate compensation by either settlement or by verdict," the malpractice suit states.

Clark is represented in the malpractice case by Kevin M. Costello of Costello, Mains & Silverman in Mount Laurel.

"We look forward to the defendants' response to the complaint and to the judicial process," Costello said.

Counsel has yet to enter an appearance for Hanamirian, who did not respond to a message left at his office.