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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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My brother is an attorney who works extremely bad real

Customer Question

My brother is an attorney who works for an extremely bad real estate businessman who handles foreclosures only . He hired my brother to work on a case by case basis for all his clients and sometimes he is working on 50 cases at a time. The problem is...his boss does not pay him and now owes him more than $7000. My brother has many expenses to pay every month and this has him in a serious position with his landlord, medical bills, utilities, etc. He is about to have his electric and cable shut off and he has been told that no matter what, pay or no pay, he has to show up to represent his boss's clients or he could lose his license. He cannot afford to drive up to 1 hour to work every day, pay for expenses he is supposed to be reimbursed for (but is not) and continue to be bullied by this man. He is very stressed out and I am afraid something serious may happen to him. He said he checked into the MA bar association and was told he has to finish out his cases, but in the meantime his boss adds more and more work to his load and has stopped paying him. He is taking advantage of my brother and now it is about to seriously compromise his life. Please, can you offer any advise for him as this has become an urgent matter. Thank you, Linda
Submitted: 6 months ago.
Category: Legal
Expert:  Gerald, Esq replied 6 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience including experience in the regulation of licensed professionals. I hope to provide you information that will help you in resolving your question.

It is true that your brother must finish out work he has currently taken on BUT he is not obligated to take on new work from this client. Also he certainly can sue his own client for past due fees.

In order to effectively fire his client your brother needs to send the client a letter (preferably certified) stating that he will not take on any new work from the client.

Further your brother can obtain an opinion from the Licensing Authority in his state. Not the Bar Association but the Ethics committee for the state licensing authority for attorneys in his state. Following the guidance in that opinion letter will protect your brother from any disciplinary action.

In Massachusetts the entity is the Board of Bar Overseers and the Office of the Bar Counsel . Here is their contact link:

http://www.mass.gov/obcbbo/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Expert:  Gerald, Esq replied 6 months ago.

Also here are the links to the rules:

http://www.mass.gov/courts/case-legal-res/rules-of-court/sjc/sjc307-rule1-16.html

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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