Legal Question in Criminal Law in Pennsylvania

Re: refund from disbarred attorney

Disbarrment on consent means the attorney did not fight the action against him or her. The attorney agreed to disbarrment for a variety of reasons.

An attorney is not under any ethical duty to disclose pending disciplinary actions to current clients. As long as the attorney still has a license to practice, then he or she is fine. If the attorney has already lost his or her license to practice and a fee is accepted on behalf of a new client, the attorney may have some problems with the disciplinary board. When we lose our license, any practice of law would be a crime, i.e., unauthorized practice of law. However, during disciplinary proceedings, usually the attorney and the board agree as to how the attorney is to "wind-down" his/her practice so that current clients are not left without representaiton. So, what may not seem quite right is exactly how the d-board and the attorney agreed to do with current clients.

If you have a fee dispute with a lawyer, ususally the couty bar assocaiteion has a fee dispte resolution committtee that will help sort out how your matter should be resolved. Lawyers Concerned for Lawyers is also a group of attorneys that help fellow attorneys and the clients who have been wronged by a lawyer with a drug/alcohol problem recover.

You should contact the county bar association in your area for additioanl advice. Good Luck.