misuse of client funds?

[hs0zfe]

What is the name of your state? CA

My divorce attorney promised to take two other civil cases as well. A 5-digits retainer was paid.

Months later, it turns out that he 1.) appeared against me in court (I had hired him first) and 2.) then he tells me he cannot represent me due to having spoken to the other side (after I had retained him).

No big deal - if only my money was returned in a timely manner!

This is the president of a State Bar district. And I am frankly apalled and wonder why he is holding on to client funds for so many months?

My divorce was granted on January 15th. So why am I not getting the overpayment returned with some final statement?

Banks pay low interest on sight accounts and I heard others had to sue this attorney to get their unused funds back.

Q: Don't the peer group want to set such a guy straight before the profession is getting a bad name? Any thoughts or advice?

Whenever I called for m o n t h s, the girls would give false promises and excuses.

a) he is out of the office and cannot sign the check
b) she has it in front of her and is making it out as we speak
c) we only write checks once a month - that was in January
*********
The only explanation for this behavior would be that he misused client funds in some way. I forgot to mention issues with the proceeds of a house I sold.

[garrula lingua]

A complaint to the state Bar will probably result in an instant refund:

[url]http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179&id=1144[/url]

Good luck.

[Hot Topic]

The State Bar of California has investigators who look into cases on behalf of clients who believe their case has been mishandled. They do not, therefore, send out "instant refunds."

Call 1-800-843-9053 (toll free in California).

[garrula lingua]

I did not mean the Bar would grant an instant refund.

Most attorneys will refund fees instantly rather than let a situation, which the state Bar will handle, continue.

The state Bar will not issue a refund; they can order restitution by the offending attorney as part of their disciplinary terms.

[tranquility]

I agree with garrula lingua, the state Bar will not refund the money. Most attorneys in a conflict of interest case will refund money quite quickly so as to avoid complications. If the facts are exactly as you say, the attorney may very well be subject to disicipline and the quick refund is to avoid even the appearance of impropriaty.