Lawyer turned out to be liar and thief

[jomustard]

Calif
My brother and I paid attorney $3000 retainer in April 2023 to help release a loan and lien from a solar company. My brother who had stage 4 cancer, and I were relieved that the solar problem was in good hands...my brother passed June 6. During this time I didn't have much contact with attorney. I talked to him in Oct. He said he was in the hospital and quite ill. I told him if he couldn't do the job...that was ok...just refund the money. He said he was expected to get better. I talked to him again in Jan. 2024. He said he was very sick back in the hospital and sent me a link to his GoFundMe page. The GoFundMe was made by him in Florida. I asked if he was in Florida. He said yes for cancer treatments. He was in Sacramento when we hired him. I told him to send an itemized statement and a refund ASAP. He started ignoring my calls, messages, and emails. I made complaints to the Bar. And trying to get the Bar's Client Security Fund to help with the $3000. This was a breach of trust...especially given our situation...my brother having a terminal illness and low income seniors. What else can I do to get the money back? File small claims? Press Criminal Charges? It makes it hard when he is across country.

 

[quincy]

Calif
My brother and I paid attorney $3000 retainer in April 2023 to help release a loan and lien from a solar company. My brother who had stage 4 cancer, and I were relieved that the solar problem was in good hands...my brother passed June 6. During this time I didn't have much contact with attorney. I talked to him in Oct. He said he was in the hospital and quite ill. I told him if he couldn't do the job...that was ok...just refund the money. He said he was expected to get better. I talked to him again in Jan. 2024. He said he was very sick back in the hospital and sent me a link to his GoFundMe page. The GoFundMe was made by him in Florida. I asked if he was in Florida. He said yes for cancer treatments. He was in Sacramento when we hired him. I told him to send an itemized statement and a refund ASAP. He started ignoring my calls, messages, and emails. I made complaints to the Bar. And trying to get the Bar's Client Security Fund to help with the $3000. This was a breach of trust...especially given our situation...my brother having a terminal illness and low income seniors. What else can I do to get the money back? File small claims? Press Criminal Charges? It makes it hard when he is across country.

What is the current status of your Bar complaint and recovery of what remains of the retainer?

Generally attorneys are expected to turn over their cases to another attorney when they are incapacitated for any length of time. I assume you contacted your attorney’s office to ask if your case file has been transferred. If no one has been assigned your case, you can ask for your file and/or hire another attorney to take over.

 

[Taxing Matters]

The attorney's lack of communication with you is a problem and if he wasn't up to it he should have initiated the proposal to refund the unused portion of the retained and give you a recommendation for another attorney, if he knows someone who would be knowledgeable about your lien issue. You shouldn't have had to ask for that. But the more egregious thing is that you specifically told him to refund the retainer and terminate the attorney-client relationship and didn't do that. That he sent you his Go Fund Me page makes me suspect he raided his client trust account(s) to help pay for his medical bills. That money is not his until it earned. I'm not unsympathetic to the attorney's situation, but unless he was in such a state that he couldn't function well he could have found the opportunity to take care of his client matters. A few years ago I was extremely ill in the hospital for months and a medcial rehabilitation center for several months after that. But I worked the cases that I could from the hospital bed and referred the rest to another attorney. Either I or the office staff stayed in communication with the clients to ensure that their cases were no neglected. It wasn't easy, but I made the effort because that was my responsibility to my clients.

I suggest you start with following up with the state bar about this. California likely has a fund to help provide restitution for clients of attorneys who committed malpractice or neglected their clients. You may also file a lawsuit against the attorney unless the agreement states that you must arbitrate all disputes instead of going to court. Whether by a court judgment or an arbitration decision, you can get an order for the retainer that he supposed to return to you. The problem will be if he has burned through all his assets and client money to pay health care costs then there might not be anything for you to get from him. I don't want to be morbid, but it's possible he doesn't survive the cancer. Starting with the bar may help you avoid those problems if you can get repaid from their fund that covers this sort of thing.

 

[quincy]

The attorney's lack of communication with you is a problem and if he wasn't up to it he should have initiated the proposal to refund the unused portion of the retained and give you a recommendation for another attorney, if he knows someone who would be knowledgeable about your lien issue. You shouldn't have had to ask for that. But the more egregious thing is that you specifically told him to refund the retainer and terminate the attorney-client relationship and didn't do that. That he sent you his Go Fund Me page makes me suspect he raided his client trust account(s) to help pay for his medical bills. That money is not his until it earned. I'm not unsympathetic to the attorney's situation, but unless he was in such a state that he couldn't function well he could have found the opportunity to take care of his client matters. A few years ago I was extremely ill in the hospital for months and a medcial rehabilitation center for several months after that. But I worked the cases that I could from the hospital bed and referred the rest to another attorney. Either I or the office staff stayed in communication with the clients to ensure that their cases were no neglected. It wasn't easy, but I made the effort because that was my responsibility to my clients.

I suggest you start with following up with the state bar about this. California likely has a fund to help provide restitution for clients of attorneys who committed malpractice or neglected their clients. You may also file a lawsuit against the attorney unless the agreement states that you must arbitrate all disputes instead of going to court. Whether by a court judgment or an arbitration decision, you can get an order for the retainer that he supposed to return to you. The problem will be if he has burned through all his assets and client money to pay health care costs then there might not be anything for you to get from him. I don't want to be morbid, but it's possible he doesn't survive the cancer. Starting with the bar may help you avoid those problems if you can get repaid from their fund that covers this sort of thing.

jomustard has already filed an application with the State Bar’s Client Security Fund.

https://www.calbar.ca.gov/Public/Complaints-Claims/Client-Security-Fund

 

[jomustard]

What is the current status of your Bar complaint and recovery of what remains of the retainer?

Generally attorneys are expected to turn over their cases to another attorney when they are incapacitated for any length of time. I assume you contacted your attorney’s office to ask if your case file has been transferred. If no one has been assigned your case, you can ask for your file and/or hire another attorney to take over.

I put in the initial complaint to the Bar Jan 19...then I sent complaint in for Attorney Misconduct Feb. 6 2024, then I sent complaint to Client Security Fund Feb. 26. They did acknowledge these complaints were received and open. But last I checked have not been assigned to someone. Should they have been by now...it has been nearly 7 weeks since my original complaint. I can't afford another attorney. I had to borrow the $3000 to pay the fraudulant attorney.

 

[jomustard]

No one answers at my attorneys office. He said he was sick and in the hospital and sent me a link to his Gofundme page from Florida. I am in Calif. He has not answered any of my phone calls, messages or emails after I asked for an itemized statement and refund. He did nothing for me. His paralegal did a POA. He never paid her. He is now in Florida far away for his Calif. troubles. I guess he thought my $3000 was a contribution to his retirement. The solar company has a lien on my house and I can not sell. I am much worse off now than when I hired him.

 

[Taxing Matters]

jomustard has already filed an application with the State Bar’s Client Security Fund.

https://www.calbar.ca.gov/Public/Complaints-Claims/Client-Security-Fund

I realized that right after I posted my reply and went back to correct my post.

 

[jomustard]

Someone suggested that I keep checking obituaries. That I can put in a creditor claim on the probate if he should die.

 

[jomustard]

I realized that right after I posted my reply and went back to correct my post.

how long does it usually take for the bar to do their investigations? First he has to be disaplined, then after that I am on the list along with 12,000 others applying for the Client Security Fund.

 

[quincy]

I put in the initial complaint to the Bar Jan 19...then I sent complaint in for Attorney Misconduct Feb. 6 2024, then I sent complaint to Client Security Fund Feb. 26. They did acknowledge these complaints were received and open. But last I checked have not been assigned to someone. Should they have been by now...it has been nearly 7 weeks since my original complaint. I can't afford another attorney. I had to borrow the $3000 to pay the fraudulant attorney.

The security fund application will not be processed until after the Bar complaint is processed. And, even if your attorney faces discipline, how much money you have lost must be determined and then any backlog of applications could delay the security fund’s response.

The Security Fund recommends that you don’t wait for them to make a decision if a delay can affect your case. You could file a small claims suit against the attorney once you find out how much of your retainer remains.

 

[jomustard]

In my estimation...nearly all of my retainer should be refunded. The paralegal (he hired but didn't pay) did a POA and one demand letter to the solar company that got no response. He talked to me briefly on the phone 6 or 7 times but didn't accomplish anything. He has never given me an itemized billing statement. If I were to file a small claims suit...where would I do it? In Calif or Florida? Would I have to travel to Florida? I don't even know how to reach him or his address. The house he was staying at in Florida is being rented out.

 

[quincy]

In my estimation...nearly all of my retainer should be refunded. The paralegal (he hired but didn't pay) did a POA and one demand letter to the solar company that got no response. He talked to me briefly on the phone 6 or 7 times but didn't accomplish anything. He has never given me an itemized billing statement. If I were to file a small claims suit...where would I do it? In Calif or Florida? Would I have to travel to Florida? I don't even know how to reach him or his address. The house he was staying at in Florida is being rented out.

You would file your lawsuit in California, where the cause of action arose. The attorney can be personally served with the complaint in the hospital in Florida.

The POA, the demand letter and the 6 or 7 phone calls (depending on the reasons for the calls) are all expenses that can legitimately be deducted from the retainer.

 

[TigerD]

1. Who are you in this matter? You reference your brother twice. Was this your brother's solar contract or yours?
2. Who is the personal representative for your brother's estate?
2a. Who is the attorney handling your brother's probate?
2b. Why is that attorney not handling it a part of the estate?

It sounds like this was your brother's contract and you gave hime $3k to hire the attorney. Then your brother died.

Regardless, you contacted the Bar Association several times and turned the matter over to them. And now you are not happy with how they are proceeding.

I'm not sure the OP has standing to sue.

DC

 

[quincy]

1. Who are you in this matter? You reference your brother twice. Was this your brother's solar contract or yours?
2. Who is the personal representative for your brother's estate?
2a. Who is the attorney handling your brother's probate?
2b. Why is that attorney not handling it a part of the estate?

It sounds like this was your brother's contract and you gave hime $3k to hire the attorney. Then your brother died.

Regardless, you contacted the Bar Association several times and turned the matter over to them. And now you are not happy with how they are proceeding.

I'm not sure the OP has standing to sue.

DC

Here is a link to jomustard’s earlier 2022 thread with some additional (background) information:

https://forum.freeadvice.com/threads/solar-contract-with-esp-complaints.662667/

 

[jomustard]

Here is a link to jomustard’s earlier 2022 thread with some additional (background) information:

https://forum.freeadvice.com/threads/solar-contract-with-esp-complaints.662667/

Thank you for posting this. I had forgotten this was posted here. There was no probate. My brother and I owned the house as joint tenants. I have since transfered into my name. My brother didn't have any other assets and there are no other relatives