Insight: You should contact the division of your state’s bar, which handles disciplinary actions of attorneys. Each state has a different process for submitting a complaint, but a written submission describing the ethical violations is usually required. If the reviewing authority believes that the attorney committed an ethical violation, it…
The Appellate Division of the New York Supreme Court disbarred an attorney after finding that he had intentionally converted client funds. The attorney was a partner in a real-estate company, which facilitated mortgage loans to investors for the purchase and rehabilitation of distressed properties. Investor funds were secured by mortgages…
Insight: In order to succeed in a malpractice action, you need to prove not only that your attorney made an error, but that it resulted in harm to you. This is usually done by showing that you would have obtained a more favorable result, absent the attorney’s mistake. If your…
Insight: Not all ethical violations amount to malpractice, and vice versa. For instance, when an attorney has failed to bring a claim prior to the expiration of the applicable statute of limitations, he has likely committed malpractice, but this would not normally be an ethical violation. However, if your attorney…
Insight: Most legal malpractice cases require expert testimony to prove that the lawyer’s conduct fell below the standard of care of a reasonable attorney acting in a similar situation. Expert witnesses are typically experienced lawyers, who practice in the same area of law in which the malpractice occurred. For example,…
The Supreme Court of Georgia has revoked an attorney’s license to practice law in Georgia. The lawyer represented a client in a personal injury action and negotiated a settlement in the amount of $30,000. The defendants disbursed the settlement to the attorney, who deposited the check into his personal account…
The North Carolina State Bar Disciplinary Commission recently disbarred an attorney who had been licensed to practice law in the state since 1997. In the Matter of David Shawn Clark, an attorney became romantically involved with a client in proceedings related to a domestic violence incident. The client’s estranged husband…
The California Supreme Court has rejected a majority recommendation of the California State Bar Court that an applicant be admitted to the California State Bar, on the basis that he had not provided sufficient evidence of a significant change in his character. The applicant was a former journalist, who fabricated…
The Massachusetts Board of Bar Overseers (“BBO”) has issued an admonition of an attorney after finding that he violated the Massachusetts Rules of Professional Conduct. The attorney represented the victim of an auto accident, who was disabled as a result of the accident. The attorney filed the lawsuit timely, but…