Legal Question in Legal Ethics in California
State Bar Investigating Complaint
I recently filed a complaint against my attorney with the Bar for unethical conduct. More specifically, for initiating and propositioning me for sex, but when I refused his advances (after giving in a number of times) he filed a motion to withdraw. My question is how long does it take before the bar notifies the attorney that a complaint has been filed against them? Also, is there any other action I can take against him? As now at such a critical time in my child custody matter he has left me acting in pro per and of course used up the entire retainer. Besides that, there is now a conflict of interest with opposing counsel because he has joined a firm as a partner with an attorney that I once had a consultation with, and also one of the other partners of this firm was minors counsel for many years for my children.
(In case you need to know, I also have several of the text messages my attorney sent to my phone from his cell phone as well as his DNA from one of the times he was more persistent with his sexual propositions.) Thanks for any advice.
2 Answers from Attorneys
Re: State Bar Investigating Complaint
As Mr. Selik points out, you have a civil action, as well as misconduct under the Ethics Code of the State Bar.
Also, I am assuming the other party to your custody battle, will need to hire different counsel because of the conflicts.
Good luck!
Re: State Bar Investigating Complaint
You have a civil suit against him for his sexual misconduct, and for the fees you paid.