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Legal Malpractice Lawyer

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Issue: I am involved in a divorce case with my wife of 5 years. We are fighting over money and custody. I am convinced that she is having an affair with her divorce attorney, who is married and quite well known. Can I do anything to exploit this situation as it regards my divorce case?

Insight: If you believe that your wife is having an affair with her lawyer you may report him to your state’s attorney disciplinary committee.  Most states have adopted some form of American Bar Association Model Rules of Professional Conduct Rule 1.7 (a) (2), which states that a lawyer should not…

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In re Disciplinary Proceedings Against Kratz, No. 2014 WI 31: District Attorney Suspended for Sending Lewd Text Messages to a Crime Victim

The Supreme Court of Wisconsin has suspended an attorney after finding that he engaged in unethical conduct.  In re Disciplinary Proceedings Against Kratz, a Wisconsin district attorney met with the victim of domestic abuse to discuss the case, which he was prosecuting against her ex-boyfriend.  After the meeting, the attorney…

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Issue: I have a district court criminal case. My lawyer on the case has been charged with ethical violations by the state lawyers review board for issues not involving my case. Does my lawyer have to tell me about the case against him, and can I fire him and get my money back because of his problems?

Insight:  Unless it would have some impact on your case, your attorney is not obligated to notify you of his pending disciplinary proceedings. You are always entitled to terminate your attorney’s services and hire another lawyer.  However, if you choose to do so, you likely will not be reimbursed for…

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Issue: What do I do if I am having trouble contacting my attorney?

Insight: Most states have adopted some form of Model Rule of Professional Conduct 1.4, which requires attorneys to keep clients reasonably informed about the status of their legal matter and make timely responses to client’s requests for information.  The rule also obligates attorneys to provide sufficient information to clients, so that…

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In re Roger Lee Shoss, No. 51567: Attorney Disbarred After Conviction for Conspiracy to Commit Wire Fraud

The Texas Board of Disciplinary Appeals (“Board”) has disbarred an attorney after he was convicted of conspiracy to commit wire fraud in connection with his operation of an investment scam.  In the Matter of Roger Lee Shoss, an attorney created fraudulent business entities using the names of corporation’s companies, which…

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In re Jennifer L. Graham, No. 49S00-1301-DI-36: Attorney put on Probation after Using Client Funds to Cover Gambling Debt

The Indiana Supreme Court has placed an attorney on probation, after finding that she withdrew unearned funds from her client trust account.  In the Matter of Jennifer L. Graham, an attorney wrote a check to herself from her client trust account in the amount of $1,100, and wrote the words…

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Issue: What do I do if I think that the judge that is presiding over my case has committed an ethics violation?

Insight: You should contact the Commission on Judicial Conduct for your state.  Each state has a different process for submitting a complaint, but a written submission describing the ethical violations accompanied by supporting evidence is usually required. If the Commission believes that the judge has committed an ethical violation, it…

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Florida Bar v. Bruce Edward Committe, No. SC11-468: Florida Attorney Suspended After Bringing Frivolous Claims against Defendant

The Florida Supreme Court has entered a judgment suspending an attorney for three years, after finding that he violated the Florida Rules of Professional Conduct.  In Florida Bar v. Bruce Edward Committe, an attorney filed a lawsuit on behalf of a client against a defendant, alleging that he maliciously interfered with…

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In re Wade H. McCree, No. 146826: Judge Removed from Bench after Multiple Ethical Violations

The Michigan Supreme Court has removed and conditionally suspended a judge after ruling that he violated the Code of Judicial Conduct.  In the matter of Wade H. McCree, a judge was presiding over a case regarding the nonpayment of child support.  While the case was ongoing, he began a sexual…

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Issue: How do I know if I still have time to file a legal malpractice claim against my attorney?

Insight: You should begin by researching the statutes of limitations on legal malpractice claims in your state.  In Massachusetts, the statute of limitations on a legal malpractice claim must be filed within three years.  However, Massachusetts, like many jurisdictions, follow the so called discovery rule in some jurisdictions, including Massachusetts,…