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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13486
Experience:  Experienced in multiple areas of the law.
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My attorney offered to be a trustee to get back the

Customer Question

JA: Hi. What is your issue regarding?
Customer: My attorney offered to be a trustee to get back the fraudulent wire transfer that was done to an account in India so that the money can be wired back to my attorney's account
JA: What state are you in? It matters because laws vary by location.
Customer: I am in New Jersey
JA: Has anything been filed or reported?
Customer: yes it is actually filed by my brother for his company
JA: Anything else you want the lawyer to know before I connect you?
Customer: my questions is can i trust the attorney to be the trustee ? will he make sure to return money back to the business account
Submitted: 7 months ago.
Category: Legal
Expert:  RobertJDFL replied 7 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 7 months ago.
Can you please let me know the estimated wait time for the answer ?
Expert:  RobertJDFL replied 7 months ago.

Thank you for your patience.

No one can obviously predict what a lawyer will do, but a lawyer has an ethical and professional duty to their clients to do what is agreed upon. A lawyer who breaches such a duty can face disciplinary action, up to being disbarred for serious offenses. And, a lawyer may also be sued by a client for malpractice. While I won't say that it never happens, it's not typical that a lawyer will give up what they worked their entire life for and sacrifice their professional career to scam one client.

NJ does allow you to search the disciplinary histories of lawyers going back from 1984, which you can do here. If you have concerns, you can review that to see if they have ever been in trouble before professionally.

Please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page, as that is the only way I am paid for my time, even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

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Customer: replied 7 months ago.
what is the procedure to make an attorney trustee ? Would there be any documents to sign between the client and attorney ?
Expert:  RobertJDFL replied 7 months ago.

Without seeing all of the documentation and knowing more (which is really only something that can be done in a face to face consultation) I couldn't tell you what would be involved in making him a trustee.

But, I would definitely recommend that there be a contract drawn up between attorney and client explaining exactly what is being done (e.g., "Attorney Smith will be made trustee of __________ for the sole and purpose of receiving a wire transfer from ____________. Attorney Smith will then deposit that money upon receipt into the bank account of ***** *****, Bank Account # ____________, Routing # ______________________. Upon receipt and transfer of the funds, Attorney Smith's duties and obligations as limited trustee will immediately terminate.").