Legal Question in Consumer Law in California

I have a friend who went to small claims court and won a case against a lawyer. My friend didn't get paid, so he asked for an examination of assets (SC-134) to bring back the debtor to court. The debtor failed to appear and the judge issued a bench warrant for the debtors arrest. My friend is frustrated since he doesn't know much about the debtor and was thinking of writing to the state bar for suspension or discplined against this lawyer. My question is, can a lawyer be investigated and suspended if they failed to follow court order that resulted in a warrant against them? Or does having a bench warrant not effect an attorneys standing with the bar?

Thanks in advance

Joe


Asked on 9/25/09, 2:15 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I would think that the disobedience of a court order by an officer of the court is a matter of which the State Bar should be made aware.

One possible way to collect is to index the attorney's name at the courthouse, and see what cases he/she is prosecuting as a plaintiff's attorney. Then, perhaps exercise the judgment creditors' rights with respect to those potential assets.

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Answered on 9/25/09, 2:56 pm


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