Disbar?

[kingpin69]

What is the name of your state (only U.S. law)? GA

My co-worker gave me $750.00 cash to buy him some trinkets, souvenirs from my vacation trip to Paris, France.

I sent him confirmation and photos of his souvenirs, and kept all the receipts as proof.

Unfortunately, the items I purchased were confiscated by customs before boarding the flight home.

I spoke with my co-worker, and agreed to pay him back in weekly installments (even signed a contract).....but now he has a lawyer calling me all hours threatening me with jail (for theft over $500.00-a felony).

The lawyer keeps saying that I willingly accepted the money in exchange for the foreign goods. Therefore, by not bringing back the goods, I am liable and can be sue / arrested.

I made the 1st payment last week ($50.00 weekly on Fridays) and we agreed to meet every Friday at his bank. We both will get a copy of the bank receipt as proof.

My questions are, how do I stop this lawyer from threatening me? Do I have to answer any questions the lawyer asks? Can I get the lawyer in any legal trouble? Disbarred?

 

[LillianX]

You can't get an attorney disbarred for doing his job. That said, something is a little off here. What kind of souvenirs did you purchase? Why did they get taken by customs.

 

[FlyingRon]

Do what you think is right by our friend but ignore the lawyer (in fact, tell him you wish no further phone calls from him). If the goods were not legal to import, the agreement to do so isn't probably enforceable. There appears to be scant validity to the alleged contract to pay him back. Paying to not be prosecuted sounds more like extortion than a business deal.

It is neither your friend nor the lawyer who can charge you with theft or put you in jail. Criminal prosecution is the realm of the state.
They can sue you for the money and the fact that this alleged lawyer is threatening some other action probably indicates he doesn't have a good case there.

 

[Mass_Shyster]

You can lodge a complaint with the GA bar association. This is a simple contract issue, there is no theft involved. Any statements claiming you can be jailed for this are likely a misrepresentation of the law.

Georgia Rules of Professional Conduct :

RULE 4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

I doubt it will get him disbarred, but it may make him think twice about making idle threats.

 

[Benray]

def ignore the lawyer, send/program it str8 to voicemail & continue handling your business with your coworker. No need to go after a petty lawyer.

 

[HomeGuru]

What is the name of your state (only U.S. law)? GA

My co-worker gave me $750.00 cash to buy him some trinkets, souvenirs from my vacation trip to Paris, France.

I sent him confirmation and photos of his souvenirs, and kept all the receipts as proof.

Unfortunately, the items I purchased were confiscated by customs before boarding the flight home.

I spoke with my co-worker, and agreed to pay him back in weekly installments (even signed a contract).....but now he has a lawyer calling me all hours threatening me with jail (for theft over $500.00-a felony).

The lawyer keeps saying that I willingly accepted the money in exchange for the foreign goods. Therefore, by not bringing back the goods, I am liable and can be sue / arrested.

I made the 1st payment last week ($50.00 weekly on Fridays) and we agreed to meet every Friday at his bank. We both will get a copy of the bank receipt as proof.

My questions are, how do I stop this lawyer from threatening me? Do I have to answer any questions the lawyer asks? Can I get the lawyer in any legal trouble? Disbarred?

**A: the lawyer is subject to federal debt collection practices so file a complaint.

 

[tranquility]

The attorney is not a debt collector in the way the federal law envisions. He is just an agent for the original debtor.

 

[CSO286]

I still want to know what was bough that cusotms wouldn't allow in the US????

 

[csi7]

Yes. It is important to know why the things were confiscated by customs.

Is there a chance that the items can be sent to you when customs is finished with their investigation?

 

[kingpin69]

The items purchased were (2) lighters in the shape of the Eiffel Tower, a Chess Game complete with cut-glass figurines (pawns,rooks,kings,etc). An English (England) historical book with dvd/cd, an electric plug-in neon sign in the shape of the Eiffel Tower*** and numerous collectible spoons, forks, knives of Paris eateries.


***My co-worker has a converter outlet plug!

 

[Benray]

It's an after thought, but you should've mailed the items. Maybe Nextime...if ever

 

[HomeGuru]

The attorney is not a debt collector in the way the federal law envisions. He is just an agent for the original debtor.

**A: an agent in this sense meets the definition of a collection agency.

 

[Hot Topic]

It's highly unlikely that the attorney would be disbarred. He could be suspended or otherwise disciplined, however.

 

[garrula lingua]

It is an ethical violation, for a lawyer to threaten criminal prosecution, in the pursuit of a civil lawsuit.

Yes, the attorney violated the model Rules of Professional Conduct, as adopted by your state.
A complaint to the State Bar would stop the attorney from doing this in the future; that's a serious violation - only a twit of a lawyer would stoop to that (and meeting you in the bank, and no written receipts - weird lawyer; he may not be an attorney - he may be just saying he is, or already disbarred !? The lawyer may really be a bouncer your co-worker knows.)
Check the State Bar - usually their websites allow you to check if someone is an attorney in that state.

 

[swalsh411]

Did Customs say why they took them?