Sorry for the delay in responding. Most of all thanks for your responses, they have been very helpful. We have concluded, in agreement with your position, that this action would probably be fruitless. Our evaluation though, is based on the difficulty of any action against an attorney rather than a question of the validity of our position. Regardless, we would like to clear one point. The last point made was that we would have to prove certain he had knowledge that the payment was unauthorized. It seems to us that such knowledge was present based on the following:1. The chronology on the Plaintiffs’ actions will help explain. The Plaintiff, pro se, originally filed a replevin action, (June 2012), but subsequently and voluntarily dismissed this action in anticipation of hiring the respective Plaintiffs’ attorney at subject here. At this time, (June 15, 2012) the Plaintiff instructed the bank to disburse the corporation’s funds via cashier’s check mailed directly from the bank to the Plaintiffs’ attorney for $4,000. The bank instructions for payment explicitly named the Plaintiffs’ attorney as approving the transactions.2. The Defendant Corporation filed a lawsuit on July 12, 2012 against the Plaintiffs alleging among other items, conversion of funds including specifically noting the cashier’s check in payment to their attorney of $4,000, (within 30 days of cashier’s check). This was served upon and accepted by the respective Plaintiff’s attorney on July 14, 2012. On July 21, 2012, 9 days after the service of the Corporations
suit, the Plaintiffs’ attorney filed the Replevin Complaint at subject, funded by the $4,000.3. This information was also made clear to the Plaintiffs’ attorney in August of 2014 with communications that included a copy of the cashier’s check at question along with a copy of the bank instructions, as per above, noting the Plaintiffs’ attorneys approval of the transaction.4. It is our opinion that this establishes his knowledge and the conflict of interest.We just wanted to get your ‘opinion’ as to the question of certainty with the Plaintiffs’ attorney’s knowledge so we know where we stand. In conjunction with submitting this I have rated your service and will move on to a new submission of a new query on the surety company and notary actions as touched on in the original question here.And thank you again for the assistance in understanding what we are dealing with.