Greetings,Yesterday, I was just informed by the CA Bar that it is submitting my complaint to the CA Supreme Court with a recommendation to disbar the attorney. Also, that the matter has been referred to law enforcement for possible prosecution. Concurrently, I was informed that the attorney is still entitled to the 40% in fees despite the disbarment proceedings.I contend that the attorney engaged in felonious activity after throwing a $7,000 crumb out of $100,000 to us and keeping the rest for himself. I was also informed that I should address my contention to the Client Security Fund that the attorney needs to forfeit his fees because he violated our initial agreement when we hired him. Allowing him to keep the fee would be tantamount to condoning his felonious action and his violation of his fiduciary responsibilities.
I am afraid that until the Security Trust or the court rules that the attorney should not receive fees, they are entitled to seek them. You are entitled to also file a legal malpractice claim against the attorney now based on the findings of the state bar and seek to recover all of your damages including an order that the attorney is not entitled to a dime for his alleged criminal conduct. Until you get an actual court judgment against him, he can claim his fees for work done.
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I was told that my reclama need to be addressed to the Client Security Fund after the CA Supreme Court renders its decision. Will this matter be automatically addressed by the Court? Also, if the attorney is disbarred and there is no doubt that he will be, how can he then be sued for malpractice? Further, is this a classic eample wherein the victim always loses and the villian wins?
That is the first step, yes, to the Security Fund and if they deny you then to the court in filing a civil malpractice suit against the attorney. He can be sued for malpractice even if he is disbarred as it happened while he was a member of the bar. Also, most attorney's have malpractice insurance to cover claims. It is not a case where villains win, but you just have to follow the process and the Supreme Court has to issue their final ruling or judgment against him.