Legal Question in Legal Malpractice in New York

If my lawyer has been disbarred and in jail now, and therefore unable to finish my case as he had agreed to in our contract/retainer, am I able to sue his malpractice insurance as a way to get my retainer back regarding the unearned portion? He was handling my Supreme Court Case but he recently has been disbarred and is now in jail and I am unable to get my money back from him and was told his assets were frozen and he has no money now. I am in a bad position because I paid him in full for the retainer which he told me would carry me for the entire case, and now he is unable to render those services or return the unearned portion of the retainer. I know he probably doesn't have the malpractice insurance anymore but I hired him in 2013. Would it go back that far? I tried submitting a claim to the Lawyers' Fund for Client Protection but they denied my claim because they said my previous attorney didn't specifically steal from me. I just don't know what to do and I need the money back to hire another attorney for my case which is active in Supreme Court now. I would appreciate any feedback/guidance. Thank you so much.

Asked on 8/07/15, 12:35 pm

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

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Call your local bar association and client security fund in Albany ny.

Answered on 8/10/15, 3:20 pm

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