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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90083
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had a lawyer hold funds to make sure an insurance policy

Customer Question

I had a lawyer hold funds to make sure an insurance policy was issued, but the insurance policy was a fake. I am going back and forth with the Bar to see if the lawyer is responsible.
Doesn't a lawyer have an obligation to make sure an insurance policy is valid, I even raised that concur in an email to have an insurance policy to protect my cash funds.
What rebuttal can I use to have the bar ass. look at my case.
Shouldn't the lawyer have an obligation to make sure the policy is good. Also the Laywer was representing his client and not me.
Right now he just says he was to just hold funds till he saw a insurance policy, but shouldn't he have checked to make sure its real ?
This was a scam to get my money, and the Lawyer says he was just a messenger. I m not the only person, 2 other people were also scammed using all the same procedures.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the lawyer did not provide the policy and it was provided to him by his client, the attorney is not liable for the policy being fake. HOWEVER, this does not absolve the attorney from not having to return your funds to you based on the policy being fake first and foremost. Second, and more importantly, the reason the attorney should be liable is not because this only happened to you, but because there are 2 other people who were involved and the attorney knew or should have known and arguably was an active participant in this scam and not merely the innocent conduit for his client. Had it only been a one time deal then the attorney has a right to rely on the client telling him this was a valid insurance policy, but here there have been other occurrences which under the rules of professional conduct would have caused the attorney to know or should have known to conduct due diligence in the matter to verify the policies and this can be grounds for being disbarred.

You have to attack this on two grounds. First, with the bar because of this not being the first time with this client and the same scam and he failed to conduct any due diligence knowing there were previous issues (which leads a reasonable person to believe he is actually involved in the scam and an attorney cannot assist clients in illegal activities). Second, you really need to sue him and his client both in GA and seek the return of the money he was holding in escrow for you.

In addition to this attack, you need to file a complaint for fraud and unfair and deceptive practices with the GA Attorney General for a criminal investigation into his conduct and the conduct of his clients.



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Customer: replied 1 year ago.

Only I know of the 2 other 2 people cause the Insurance Bureau got involved. But it all happened within a month this scam (2 people including me) I sent the Lawyer out 39K that was to go into an insurance policy that was to protect my 260K cash. So since no insurance, I lost the 39K and the 260K that had no insurance.


I tried to file a complaint with theFBI, but to no avail. His client is going bankrupt, plus another case that went to Court involving the same client, and it was brokered by the same Lawyer.


And this Lawyer is to be an expert in this type of funding.


The GA Bar does have a monetary fund set-up to compensate victims, which I am trying to get.


Right now the Lawyers rebuttal is response is he was to "just hold the monies" but I have an email I sent to him asking what protects my 260K cash, and he said the escow agreement, and the insurance policy sent to him (not made by him), but it was a cheap fake policy. He should have known what a real policy looks like, and I thought since I was using a Laywer, he would make sure the policy is real.


 


 


Thanks


Earl

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your additional information.

I also would not let the situation prevent you from suing both the attorney and his client, since you are seeking to collect from either of them and if the client went bankrupt the attorney and his malpractice insurance (if he has any) would be on the hook for him improperly releasing the funds.

You need to also report this to the Consumer Protection Unit of GA, because the FBI many times turns down cases like this, but the consumer proection unit of the governor's office and you can also call the District Attorney's office in the county were this attorney is located as well GA Bureau of Investigation and they will take your information and seek to make a theft by fraud case against all of them including the attorney.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90083
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 19 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

This is what I am writing back to the State Board. I take it everything is good.


 


In response to letter dated April 19, 2013


1) I was not the only one that lost monies in this type of fraud. If you check with the New Jersey Insurance board their were 2 other people that lost money via this fake policy that went through the Law office of J Maurer. Mr. Maurer so I find it hard to believe Mr. Mauer was just an innocent conduit for his client, also Mr. Maurer gained financially by not doing his due diligence to verify all these policies. As this was not a one time deal, and he should have followed the rules of professional conduct and done a verification due to the amount of monies involved.

A Lawyer can not assist clients in illegal activities, which was done.

2) I being average individual not knowing about how these insurance policies and how these gauntness work, I had put my trust, and thought by using a Lawyer who's expertise is these types of matters, that my monies were protected, and that the Lawyer would make sure the insurance policy was real, and that he had done this before, so I would feel safe. If you look at my emails, I did ask what protection did I have to protect my funds. And without using legal terms, and just "talking / typing" in laymen's words, I was under the impression that I would get a valid insurance policy, and coming across the desk of a Lawyer, that I would be safe, since a insurance policy is a legal document, and a Lawyer is is their to make sure all documents valid.
Expert:  Law Educator, Esq. replied 1 year ago.
The response is good with some minor corrections below.

1) I was not the only one that lost monies in this type of fraud. If you check with the New Jersey Insurance board their were 2 other people that lost money via this fake policy that went through the Law office of J Maurer. Because Mr. Maurer was directly involved in other similar fraudulent activities with this client it is not reasonable was just an innocent conduit for his client. Furthermore, Mr. Maurer gained financially by not doing his due diligence to verify all these policies. As this was not a one time deal, and he should have followed the rules of professional conduct and done a verification due to the amount of monies involved.
A Lawyer can not assist clients in illegal activities, which was done.
2) I being average individual not knowing about how these insurance policies and how these guarantees work, I had put my trust, and thought by using a Lawyer who's expertise is these types of matters, that my monies were protected, and that the Lawyer would make sure the insurance policy was real, and that he had done this before, so I would feel safe. If you look at my emails, I did ask what protection did I have to protect my funds. And without using legal terms, and just "talking / typing" in laymen's words, I was under the impression that I would get a valid insurance policy, and coming across the desk of a Lawyer, that I would be safe, since a insurance policy is a legal document, and a Lawyer is their to make sure all documents valid.

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