Legal Question in Legal Malpractice in California

Did he fail in his fiduciary responsibility???

We had an attorney who assisted in an adoption attempt that was disrupted by the facilitator. He released funds from our escrow account without: 1) a fully executed contract between us and the facilitator (he never got around to forwarding our signed copy to her, even though he sent her a check from our escrow account), and 2) without verifying that paperwork the facilitator claimed to have even existed, up to an including proof of pregnancy. We found out after spending $7K that the facilitator had never bothered getting proof of pregnancy from the birthmother, let alone any signed contract from her, medical information, financial information, etc. We believe a major part of the facilitator's disrupting the adoption was due to our upset when we found this out, coupled with the fact that our attorney never bothered sending the contract to her. It should be noted that she did cash the check he sent he from our escrow account.

Are we right when we feel that he failed to fulfill his fiduciary responsibility to us?


Asked on 7/24/00, 3:59 am

1 Answer from Attorneys
John A. Giffen Law Offices of John A. Giffen

Re: Did he fail in his fiduciary responsibility???

It sounds like your attorney has committed malpractise. Did you authorize him to pay the facilitator verbally. I dont know that facilitators are required to have a written contract but normally they do. You also have a three day recission for a facilitator and she should only charge for her time. Certainly she and the attorney should have some way of verifying the mother was pregnant. Was she pregnant or is that still unknown. Did she go with another couple? What was the facilitators fee. You may call me at (661)257-3725 John A. Giffen

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Answered on 9/29/00, 12:34 pm


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