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  1. #1
    TennesseeYankee is offline Junior Member
    Join Date
    Aug 2006
    Posts
    9

    Malpractice, moral turpitude, malfeasance, breech of fiduciary responsibility, etc.

    What is the name of your state? The lawyer is located in NY.

    A few years ago I hired a lawyer in NY to (a) settle my late husband's estate; (b) sell the house for which I had a definite buyer; and (c) evict the tenants who were "renting" the house, and collect the unpaid back rent. Because of health reasons, I had moved from NY to a warmer state before I was ready to settle the estate; the "lawyer" in question was one whom I had used before.

    Let me add, my husband died intestate, but I know that under NY law as his wife I was entitled to the first $50,000 of the estate, and 50% of anything over that, with the rest going to his son - a semi-literate 18 year old (at the time) punk.

    I had to borrow the money to pay this lawyer, and assumed he would act in my best interest. He was aware of my situation - that my only income was SSDI and - although they more often than not didn't pay it, and NEVER paid the full amount - whatever was left from the rental income after taxes and insurance.

    OK, where do I begin....

    The lawyer NEVER contacted my buyer, and never returned phone calls from either her or her attorney. She DEFINITELY wanted the house.

    He admitted to me that he - the lawyer whom *I* paid - that he had given counsel to my former stepson.

    The lawyer told me that the tenants moved out; this was an outright lie - the buyer whom I had lined up went to an estate sale in the house next door, and she told me they were still there. Obviously, he did nothing about evicting them; I suspect he and the kid got into cahoots and were splitting the rent or something.

    The lawyer called me and said it was URGENT - I was about to lose the house to taxes (very high on LI), BUT - he was going to "save" me - he had a realtor friend who would front the taxes for me, in exchange for an exclusive listing....and I had only 24 hours to sign a contract agreeing to do so, or all would be lost. Furthermore, he told me that the kid refused to sign unless I agreed to give him 65% of the proceeds (the house was all that was in the estate) BEFORE EXPENSES. Basically....I got NOTHING.

    The realtor was one whom I knew of who had a reputation as a shyster; I have since learned that - had this dirtbag lawyer contacted my buyer and gotten the sale underway, the payment of taxes would have been suspended until the sale was complete. What he did was force me to sign that contract under duress. Never mind I'm disabled, and the kid is a 6'5" healthy young man who can earn his own way; never mind I had to borrow money to pay taxes since he did nothing to collect the rent - this guy totally screwed me over.

    As a result of his actions I was robbed of what was rightfully mine, became destitute, had a nervous breakdown, and ended up homeless for a time.

    I've contacted lawyers about taking legal action against him; they all agree I have a case....but want a retainer paid up-front.

    It's now been about seven years - probably too late to take action against him now, even if I had money to do so, but my thinking is this: I'm in "recovery mode" and am trying to get my life together, after he destroyed it. The fact that he had the relationship he did with that realtor, that he contacted my late husband's son to talk to him, etc., would indicate this was NOT a one-time occurrence. I'd like to know who/where I can report this creature to - and hopefully get him disbarred - before he ruins more lives.

    Thank you.
  2. #2
    Hot Topic is offline Senior Member
    Join Date
    Jun 2006
    Posts
    5,226
    Every lawyer in California must belong to the State Bar of California and must abide by their rules and regulations. New York should have the same or a similar organization.

    You might also seek help from the Attorney General's office.

    The problem is that you've waited so long to do anything about the situation.

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