Legal Question in Family Law in California

Client trust account $60,000 STOLEN!!

My husband and I were going through a divorce until his horrible auto accident May 2nd. We recondciled. My husband than told his attorney he wanted all the money being held for us in his client trust account to go to me. His attorney then started crying saying how sorry he was while telling my husband that he goofed and that the client trust account was $60,000 short. He wants to make payments. What should I do?


Asked on 8/24/06, 8:57 pm

7 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Client trust account $60,000 STOLEN!!

You may need assistance, call me directly at 16192223504.

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Answered on 8/26/06, 3:28 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Client trust account $60,000 STOLEN!!

Report the matter to the State Bar of California and ask for their help in recovering the money. Their website is www.calsb.org. You can send me an e-mail and I will e-mail you back their phone number if you have any trouble locating them. I am not allowed to post telephone numbers on this reply.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 8/24/06, 9:09 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Client trust account $60,000 STOLEN!!

The california state bar association has strict requirements for all licensed attorneys when it comes to funding, maintaining and distributing trust account monies to clients. Under the circumstances, you can report the matter to the state bar association to have the attorney disciplined, or you can take prompt, immediate action against the attorney for malpractice, in which your monies can be returned alot faster, more often than not. If you would like prompt, affordable legal assistance in this matter, contact our Law Firm today for a free phone consultation.

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Answered on 8/24/06, 10:28 pm
James Jenkins Jenkins Law Center PLC

Re: Client trust account $60,000 STOLEN!!

Some states have a protection fund maintained by the state bar. I do not know if California does or not.

The "shortage" here appears to have been intentional. Retain a California attorney immediately and get advice. Criminal charges may be appropriate, loss of license is likely, malpractice insurance may cover this, but it is not negligence, is merely conversion. Get a California attorney immediately to guide you. You might want to seek someone who responded on this forum, or an attorney who specializes in legal malfeasance or malpractice. [Some attorneys will not go after another attorney in the community.]

Get help immediately.

Good luck. Sorry that I am not able to assist you in California, only in Arizona cases.

Best regards,

James D. Jenkins

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Answered on 8/24/06, 11:19 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Client trust account $60,000 STOLEN!!

You could report the attorney to the State Bar or the District Attorney, but before you do, you should consider what you want. If the attorney goes to jail, or if he is disbarred, how is he going to pay you? And once he is disciplined or convicted, what more leverage do you have to get your money, "with interest", back? What would the lawyer care at that point? Consider this, the mere possibility of potential disbarment may get you much more money than actual disbarment would. The fear of the unknown is always much greater than the known. To get your money and anything else you are entitled to it might be better to keep the lawyer in a position of fear instead of one of actual discipline. This is what really good lawyers do. They scare the other side so much that they cave. A really good lawyer would not even need to mention the possibility of disbarment in order to get your husband's lawyer to pay up.

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Answered on 8/25/06, 12:56 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Client trust account $60,000 STOLEN!!

It seems to me that the other answers, while correct, are jumping way ahead. I would suggest that your first step is to send a letter to the attorney demanding an accounting of the money in the trust account, and repayment of any unearned fees. Give him 7 days from the date of the letter to provide the accounting and the refund. If he fails to responde that you will take any and all legal remedies available to you. If he doesnot respond or you question his charges then seach an attorney to pursue him in the collection the fees paiid.

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Answered on 9/06/06, 6:41 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Client trust account $60,000 STOLEN!!

Report the matter to the State Bar, retain a lawyer to sue for breach of fiduciary duty, fraud, breach of contract, etc. You are most likely entitled to punitive damages in this case.

If you are in Southern California call me for a free consultation. 818.739.1544 ext 15

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Answered on 8/26/06, 6:32 am


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