Legal Question in Criminal Law in California

lost file.

my aunt hired an attorney who deposited her monies into his attorney trust account, the attorney took the money and placed it into a property for 35% ownership. now due to market values dropping my aunt and the young woman are left with nothing, and the attorney has lost the file which would show his involvement the da's office is going after the young, woman and I dont think it's fair. that she is being blamed for the monies being lost. the attorney made the file disappear and the file would clear the young woman. since the attorney placed the money in his attorney trust account and is the one who wrote the check, who is responible


Asked on 1/16/09, 12:42 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: lost file.

If the attorney spent the money without authorization, he is responsible. If he was following his client's instructions when he invested in the building, then he is blameless and the client must deal with her loss.

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Answered on 1/16/09, 1:03 pm
Terry A. Nelson Nelson & Lawless

Re: lost file.

If the attorney has actually done anything wrong, he could be sued, criminal charges could be filed, and a complaint to the State Bar could be made with a request for help in getting the money back. But make sure he did something wrong before doing any of those things. With the DA involved, ask them if they think he did anything wrong.

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Answered on 1/16/09, 3:24 pm


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