Legal Question in Legal Ethics in California

We retained an attorney to help us with our guardianship (minor) case. We were pretty much at a standstill as nothing was being done in court at that present time. During this time, he was indicted and convicted (disbarred) for inappropriate conduct with his female clients, etc. Our bill was paid and current. So because of his wrong doings, he had to file a Substitution of Attorney for all his clients. In turn, he sent us a bill for over $100 and said once it was paid, he would release our file to us. In his letter he stated it would be released either in person or by mail. Later, we were told only by mail. Since this was his wrongdoings which created this filing, are we obligated to pay him for filing this and is he able to withhold our file until this is paid? We are going to file for an adoption. Personally, I know that for the filing and service by mail doesn't warrant an amount of $128.00 plus interest, late fees, etc. Should we contact BAR?


Asked on 2/17/10, 12:24 pm

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

If he has been disbarred, he has no business filing any papers on your behalf, and that would be an offense in and of itself. He cannot act as an attorney. Also, he must release your file to you irrespective of any lack of payment. You might tell him you'll pick up your file, along with the substitution of attorney, and you'll file it yourself. The only charge would be the gasoline to get it to the courthouse, or a messenger, or postage stamp.

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Answered on 2/22/10, 12:52 pm


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