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Lawyer says founder of major personal injury firm demanded sex as condition of promotion

Lawsuits
Cooleywilkes

Wilkes and Cooley

TAMPA, Fla. (Legal Newsline) — An attorney alleges she suffered sexual harassment and retaliation by the founder of a prominent law firm that sues nursing homes.  

Dara Cooley filed a complaint Dec. 1 in Hillsborough County Circuit Court against The Wilkes Law Firm PA alleging sexual harassment, retaliation and other claims. 

Cooley, according to her complaint, began working for The Wilkes Law Firm in 2013 and litigated hundreds of nursing home-abuse cases. She alleges that she suffered sexual harassment from James Wilkes II, the firm's sole shareholder, beginning in 2019. Wilkes and Tim McHugh created the personal injury firm Wilkes & McHugh in 1985, and Wilkes rebranded it as Wilkes & Associates when McHugh retired.

Cooley claims Wilkes invited her to his mansion where he lived alone and sent her private and direct messages on Instagram stating he wanted a female companion. She further claims in March of 2021, Wilkes informed her that she would need to have sexual intercourse with him in order to get and keep a managing attorney position. 

"Wilkes offered Plaintiff the Managing Attorney position to replace Mr. Booth," the lawsuit says. "This position would have doubled or tripled Plaintiff’s annual compensation. 

"In this same conversation, Wilkes indicated that the offer was conditional. Wilkes informed Plaintiff that she would have to have sexual intercourse to get and keep the position. Wilkes stated: 'We’re Gonna F--k.' Wilkes told Plaintiff that the only way he would trust a female attorney as Managing Attorney is if she was having sexual relations with him. 

"After Wilkes conditioned the promotion on submission to unwelcome sexual contact, Plaintiff opposed the demand for sexual servitude and told Wilkes that he would have to trust Plaintiff without having sex."

Cooley alleges that after rejecting Wilkes, he began to give her a "disproportionate number of additional cases," remained "very cold" towards her and terminated her employment on October 5, 2021. She also alleges Wilkes refused to provide her with "client-related contact information" needed for unilateral client choice letters and denied her clients' the right to retain her following her departure from the firm. 

Cooley seeks monetary relief of more than $30,000, interest, trial by jury and all other just relief. She is represented by attorney Craig Berman in St. Petersburg, Florida.

Wilkes did not respond to an email seeking comment. His firm is represented by Matthew Davis and Matthew Rothrock of Paskert Divers Thompson.

13th Judicial Circuit Court Hillsborough County case number 162229889

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