Hi i was wondering if anybody can help me, i paid my lawyer 7,000 for his services but unfortunately he died before he finish my case and now i have to pay another lawyer, since he died his firm also disappeared, my question is can i hire a lawyer to get my money back from the state bar of California? please someone advice, its a lot of money to lose.
How were you notified of your attorney's death?
Although there are many attorneys who do not plan ahead, many have arranged in advance for a "back up" attorney to handle client files upon their incapacity or death. This back up attorney should be able to access the trust account(s) that hold the client funds.
If there is no back up attorney authorized to approve disbursements from the trust accounts, the County Bar Association may have set up a program for the attorneys practicing in the county, to handle attorney client files and trust accounts. I would try contacting and working through the County Bar before contacting the State Bar.
You can hire another attorney, to help you get an order to direct the bank holding your retainer to release it, if this becomes necessary. And it might become necessary. There are other actions that can be taken if there are additional problems.
The good news is that your money has not disappeared with your attorney's death (or at least it shouldn't have). It is just a matter of getting the funds being held by the bank released to you.