• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Texas Lawyers steals funds

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

txdakotagirl

Junior Member
Hello all,
I am in Texas and following 2 car accidents in which I was rear ended. I hired a lawyer. The lawyer has put me off again and again over a 6 year period.

Then in October I found he had been disbarred I called the insurance companies, one case he never filed and the other paid 23k in August 2019. He finally came clean today about being disbarred and offering to make payments on funds he took. Would it be better to try to collect from him or file for reimbursement from the state.

Also,

Would I have any recourse on case he never filed?
 


Taxing Matters

Overtaxed Member
Hello all,
Would it be better to try to collect from him or file for reimbursement from the state.
I don't think you have to make a choice. I'd pursue both and see how things play out. At worst if you collect from the state and from the lawyer too the state might want what it paid back. But at least you'd have the money back from someone.

Would I have any recourse on case he never filed?
You may have a good legal malpractice claim against the lawyer. Hopefully he had malpractice insurance. Otherwise, you'd have to hope he's got the assets to pay whatever judgment you win. The fact that he asked for payments on the $23K that came from the settlement is not encouraging as to his financial condition. If the accident occurred 6 years ago, it's too late to file to sue the driver that injured you.
 

txdakotagirl

Junior Member
I don't think you have to make a choice. I'd pursue both and see how things play out. At worst if you collect from the state and from the lawyer too the state might want what it paid back. But at least you'd have the money back from someone.


You may have a good legal malpractice claim against the lawyer. Hopefully he had malpractice insurance. Otherwise, you'd have to hope he's got the assets to pay whatever judgment you win. The fact that he asked for payments on the $23K that came from the settlement is not encouraging as to his financial condition. If the accident occurred 6 years ago, it's too late to file to sue the driver that injured you.
I don't think you have to make a choice. I'd pursue both and see how things play out. At worst if you collect from the state and from the lawyer too the state might want what it paid back. But at least you'd have the money back from someone.


You may have a good legal malpractice claim against the lawyer. Hopefully he had malpractice insurance. Otherwise, you'd have to hope he's got the assets to pay whatever judgment you win. The fact that he asked for payments on the $23K that came from the settlement is not encouraging as to his financial condition. If the accident occurred 6 years ago, it's too late to file to sue the driver that injured you.
Definitely not encouraging, but thank you for the input. Once a lawyer is disbarred would malpractice insurance even come into play?
 

Taxing Matters

Overtaxed Member
Once a lawyer is disbarred would malpractice insurance even come into play?
It depends on exactly how the insurance policy is structured, but generally the insurance will cover acts of negligence that occurred while the policy is in effect, even if the claim for it arises later. So if the statute of limitation ran out before he was disbarred, the policy may cover that.
 

txdakotagirl

Junior Member
I will definitely look into that as statute would have run out 2016 and he was not disbarred until 2019. Thank you again.
 

Mass_Shyster

Senior Member
It depends on exactly how the insurance policy is structured, but generally the insurance will cover acts of negligence that occurred while the policy is in effect, even if the claim for it arises later. So if the statute of limitation ran out before he was disbarred, the policy may cover that.
My malpractice is "claims-made", so if my insurance lapses, I'm not covered. That appears to be the norm in my state. I don't know about Texas, but I disagree that "generally the insurance will cover acts of negligence that occurred while the policy is in effect"
 

txdakotagirl

Junior Member
This lawyer stole from quite a few people, low hopes of him actually carrying insurance on himself. But if he did does not hurt to ask. The help is appreciated from you all.
 

Taxing Matters

Overtaxed Member
My malpractice is "claims-made", so if my insurance lapses, I'm not covered. That appears to be the norm in my state. I don't know about Texas, but I disagree that "generally the insurance will cover acts of negligence that occurred while the policy is in effect"
Interesting. I guess the prevailing practice varies from state to state, so my statement was overly broad. Still, there are tail coverage policies out there. Perhaps this lawyer had one. It's at least worth the OP finding out.
 

quincy

Senior Member
I agree it is worth exploring. It could depend on how long ago he was disbarred. And, of course, if he had malpractice insurance. It is definitely possible that he didn’t or he let it lapse long ago.
 

txdakotagirl

Junior Member
I agree it is worth exploring. It could depend on how long ago he was disbarred. And, of course, if he had malpractice insurance. It is definitely possible that he didn’t or he let it lapse long ago.
He was disbarred in lieu discipline October 2019
 

quincy

Senior Member
He was disbarred in lieu discipline October 2019
Do you know if he has been criminally charged?

You can pursue a civil action seeking the money he owes you. If he has malpractice insurance that can cover the claim, you will find that out when you file your complaint.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top