Legal Question in Wills and Trusts in California

My Lawyer Was Suspended

I hired a lawyer in March 2008 to handle probate for my sister's estate. In July when I called with an urgent matter I was told he was not available as he was working on a big case and the secretary didn't know when he would be available. I then sent him an email and his partner answered saying my lawyer was very busy and he was trying to help out with his cases. Since the beginning of July I have had no contact with my lawyer only his partner and sometimes the secretary. I was suspicious that something more was going on so today I googled his name and found out that since June he has been suspended. His hearing is in the end of Sep. I am very unhappy with this situation. When a lawyer is suspended don't his clients have a right to be informed? Also I would like to know what he was suspended for as that might affect his ability to handle my case. I want to find a new lawyer but my sister's estate can't afford to pay two lawyers fees. Do I have any recourse or am I stuck with my suspended lawyer or his partner?


Asked on 8/19/08, 11:43 pm

2 Answers from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: My Lawyer Was Suspended

FYI, you can check a California lawyer's status on www.calbar.org, which would give you limited information regarding the suspension. You can request the detailed report from the California State Bar. A suspended attorney cannot practice law, so he should have informed you of his suspension. You are not stuck with the suspended attorney, and if you are unhappy, you can substitute in a new attorney. In a probate (Will) case, the attorney's fees are statutory (fixed by statute), but when you "fire" the suspended attorney, he could still be entitled to a reasonable value of his services (at least when he was not suspended). Take a look at the retainer agreement for specific terms. Most likely, your new attorney and the suspended attorney would split the statutory fees, depending on work performed by each.

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Answered on 8/20/08, 3:58 am

Re: My Lawyer Was Suspended

I would QUICKLY find a new probate attorney. Find someone who is a certified specialist in probate (as I am) rather than just an attorney who dabbles in probate. The state bar website lists certified specialists. The attorneys will most likely share the statutory fees so a new attorney should not cost the estate any extra. Good luck!

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Answered on 8/20/08, 10:46 am


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