Legal Question in Personal Injury in California
Improper Behavior By Attorney?
In Feb 2004 I retained the services of a P.I. Attorney to handle my car accident. In Nov 2004 i was informed by the Law Offices that my case was being dropped by the firm. Soon after, I received a bill from the chiropracter, who threatened to send me to collections, although a a ''contingency'' had been signed with the Dr's office. So I paid the bill. I decided not pursue the lawsuit against the insurance with a new attorney, believing that my case was weak - as it had been transmitted to me by the Law Office when they decided to drop my case. To MY SURPRISE, i just found, through the adjustor, that a settlement had been worked out earlier this year and that a settlement check was issued to the Law firm of $10,000. I was never informed of this by the Attorney or its agents. Also, i discovered that the attorney may have continued settlements talks with the Insurance, after the point that my case was supposedly dropped by them. Can I recover what I'm entitled to? Calls are not being returned by the office. They are making it difficult to get copies of my file. Any legal advice? I have a copy of the check from the Insurance company that shows the amount that was paid.
4 Answers from Attorneys
Re: Improper Behavior By Attorney?
Sounds like improper behavior by the attorney. If they are not transmitting settlement offers to you, then something's wrong. If they are withholding money to which you are otherwise entitled, then something's wrong. If they are preventing you from getting a copy of your file, then something's wrong. If they are not returning your calls, then something's wrong. These attorneys apparently are not intimidated easily and feel that you are not a threat. You probably should consult with an ethical, yet agressive, attorney who has the ability to make things happen. Feel free to give me a call if you would like to discuss this matter further.
Tyler J. Barnett, Esq.
LAW OFFICES OF TYLER J. BARNETT, P.C.
11755 Wilshire Blvd., Suite 1170
Los Angeles, CA 90025
TEL: (310) 312-1102
FAX: (310) 473-0708
Re: Improper Behavior By Attorney?
If everything that you are writing in your question is true and correct, you can then consider your PI attorney DISBARRED if it is found that his conduct was intentional, and even if it wasn't intentional, he is still at risk of being disciplined by the State Bar of California and they may disbar him anyway. Moreover, a law office must provide its client with a complete copy of his/her file upon request by the client.
As far as you're concerned, you may have a very serious malpractice case against the PI firm. You should be able to recover some or all the money from the attorney plus possible punitive damages. His conduct seems to be gross and unacceptable and it is this type of conduct that causes ugly marks against the legal profession.
I would love to speak with you and explore the possibilities of suing him/her. Please call my office at 818.943.0462.
Best regards,
David B. Lupoff, Esq.
Re: Improper Behavior By Attorney?
While you may very well want to consult with another attorney regarding a legal malpractice case, you should also consider contacting the local district attorney (as the attorney's conduct certain sounds criminal) and the State Bar of California, which may be able to obtain the funds from the attorney without you having to engage in further litigation.
Re: Improper Behavior By Attorney?
Your lawyer committed grand theft, a felony, and violated the State Bar rules. You might want to eventually hire an attorney and sue (please note, this message is not a solicitation for legal services), but first you should 1) contact your local district attorney's office and 2) file a complaint with the State Bar of California. You might be entitled to receive money from the original attorney, or from the State Bar Client Security Fund, without your having to retain another attorney.
Here is an excerpt from the State Bar website (calbar.ca.gov):
Complaints Against Attorneys
1-800-843-9053 (toll free in California)
213-765-1200 (from outside California)
You should register a complaint with the State Bar if you believe that your lawyer acted improperly[.]
All lawyers who practice in California must live up to ethical standards imposed by the California Supreme Court and the State Legislature. As an arm of the California Supreme Court, the State Bar investigates and prosecutes complaints against lawyers.
Depending on the seriousness of the offense, a lawyer can be given a warning, put on probation, suspended from practicing law for a period of time, or disbarred - prohibited from practicing law in California.
If you believe that your lawyer acted unethically, you should file a complaint. [The best way is to mail in a copy of the complaint form available at the State Bar website.]
There is no fee to file a complaint. You also do not have to be a U.S. citizen. When you register a complaint, you should supply photocopies of any papers, such as letters or canceled checks, that relate to the problem. The State Bar will let you know by postcard that your complaint form has been received. Your complaint will then be input into the computer system. A State Bar lawyer will read your complaint and determine how the complaint will proceed. This process can take from two to three weeks. Your complaint will then be assigned to the person that will conduct the investigation. You will be informed of its status by a State Bar representative.
At the end of the investigation you will be informed in writing whether or not the matter will proceed to prosecution in the State Bar Court or be closed.
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