Legal Question in Legal Ethics in California
Suspended Lawyer Advertising & giving advice
On Cal Bar site, it says an attorney is suspended as of end of June 2008. However, he is advertising his services as an atty & a broker to gain business in real estate. His large website is active for 2 mos after he's suspended, & still says he's an active attorney. He also mails letters to attorneys as the best choice as their agent, atty to atty. He dispenses legal advice during real estate transactions sending emails to the other side, discussing who's at fault in circumstances & defending his clients by advising them what to do, uses intimidation tactics, & writes opinions for them. Does anything happen to someone who does this? I know a letter can go to the Bar, but isn't this a main ethics violation of misrepresentation, incl improperly advertising on Internet w/an intent to mislead the public? Would the Bar actually do something, or would they warn him & he'd change his website, so this would be a nothing. Or, do they dismiss this because he can pay his Bar fees (that he allowed to lapse,) leading to being knowingly suspended. The aggressive demeanor of this atty, who is not permitted to practice law makes me think it should be reported, if in your prof experience you think the Bar will actually do something?
2 Answers from Attorneys
Re: Suspended Lawyer Advertising & giving advice
It seems that this would be a violation of the attorney's terms of suspension and should be brought to the Bar's attention.
Re: Suspended Lawyer Advertising & giving advice
I agree with Mr. Cohen, and the Bar will act on this, assuming your analysis of the man's behavior is accurate.