Reporting a CA attorney for malpractice and unethical conduct?

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Reporting a CA attorney for malpractice and unethical conduct?

Postby Anonymous User » Mon Aug 22, 2016 6:24 pm

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Last edited by Anonymous User on Sun Aug 28, 2016 10:28 pm, edited 10 times in total.

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Good Guy Gaud

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Re: reporting an attorney in CA for unethical conduct?

Postby Good Guy Gaud » Mon Aug 22, 2016 6:42 pm

You should contact a local attorney who practices in this area and/or your state bar.

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rpupkin

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Re: reporting an attorney in CA for unethical conduct?

Postby rpupkin » Mon Aug 22, 2016 6:51 pm

Are you working as part of an organization (e.g., a law firm, a school clinic)? If so, you really should be directing this question to an attorney who is supervising your work.
Last edited by rpupkin on Tue Aug 23, 2016 2:05 am, edited 1 time in total.

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Re: reporting an attorney in CA for unethical conduct?

Postby Anonymous User » Mon Aug 22, 2016 8:43 pm

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Last edited by Anonymous User on Wed Aug 24, 2016 4:32 am, edited 1 time in total.

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rpupkin

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Re: reporting an attorney in CA for unethical conduct?

Postby rpupkin » Mon Aug 22, 2016 9:06 pm

Anonymous User wrote:
rpupkin wrote:
Are you working as part of an organization (e.g., a law firm, a school clinic)? If so, you really should be directing this question to an attorney who is supervising your work.

No I am just reviewing and assessing what happened for a contact who reached out to me through another channel. I am not providing any legal service beyond giving them some information into what happened and what they should do.

I don't want the family to spend another $2K just to hire an attorney if they don't really have a case. My thoughts are 1) file a complaint with the state bar and just roll with it 2) file a civil lawsuit against the attorney for gross/professional negligence and some breach of K. The thing is, this was a while ago and so im concerned SoL might be an issue. Also, this option would mean the family needs to pony up $2-3K.

Actually, my question is still relevant: do you work for a law firm? If not, are you a licensed attorney?

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Re: reporting an attorney in CA for unethical conduct?

Postby kellyfrost » Mon Aug 22, 2016 9:27 pm

rpupkin wrote:
Anonymous User wrote:
rpupkin wrote:
Are you working as part of an organization (e.g., a law firm, a school clinic)? If so, you really should be directing this question to an attorney who is supervising your work.

No I am just reviewing and assessing what happened for a contact who reached out to me through another channel. I am not providing any legal service beyond giving them some information into what happened and what they should do.

I don't want the family to spend another $2K just to hire an attorney if they don't really have a case. My thoughts are 1) file a complaint with the state bar and just roll with it 2) file a civil lawsuit against the attorney for gross/professional negligence and some breach of K. The thing is, this was a while ago and so im concerned SoL might be an issue. Also, this option would mean the family needs to pony up $2-3K.

Actually, my question is still relevant: do you work for a law firm? If not, are you a licensed attorney?
Last edited by kellyfrost on Sat Jan 27, 2018 3:40 pm, edited 2 times in total.

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Re: reporting an attorney in CA for unethical conduct?

Postby kellyfrost » Mon Aug 22, 2016 9:28 pm

rpupkin wrote:
Anonymous User wrote:
rpupkin wrote:
Are you working as part of an organization (e.g., a law firm, a school clinic)? If so, you really should be directing this question to an attorney who is supervising your work.

No I am just reviewing and assessing what happened for a contact who reached out to me through another channel. I am not providing any legal service beyond giving them some information into what happened and what they should do.

I don't want the family to spend another $2K just to hire an attorney if they don't really have a case. My thoughts are 1) file a complaint with the state bar and just roll with it 2) file a civil lawsuit against the attorney for gross/professional negligence and some breach of K. The thing is, this was a while ago and so im concerned SoL might be an issue. Also, this option would mean the family needs to pony up $2-3K.

Actually, my question is still relevant: do you work for a law firm? If not, are you a licensed attorney?


pupkin has a very valid point and concern here. You may be the one in violation of the ethical rules.
Last edited by kellyfrost on Sat Jan 27, 2018 3:40 pm, edited 1 time in total.

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stego

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Re: reporting an attorney in CA for unethical conduct?

Postby stego » Mon Aug 22, 2016 9:48 pm

Assuming that OP is a licensed attorney, why does it matter if he/she works for a law firm?

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Re: reporting an attorney in CA for unethical conduct?

Postby rpupkin » Mon Aug 22, 2016 9:52 pm

stego wrote:Assuming that OP is a licensed attorney, why does it matter if he/she works for a law firm?

Because the law firm would want to know if OP is providing legal advice to non-firm clients and/or is reporting other attorneys to the state bar.

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Re: reporting an attorney in CA for unethical conduct?

Postby Anonymous User » Mon Aug 22, 2016 10:51 pm

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Last edited by Anonymous User on Wed Aug 24, 2016 4:32 am, edited 1 time in total.

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A. Nony Mouse

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby A. Nony Mouse » Mon Aug 22, 2016 11:21 pm

I don't get why contacting the state bar association was a bad idea.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Tue Aug 23, 2016 12:21 am

A. Nony Mouse wrote:I don't get why contacting the state bar association was a bad idea.


Are you not allowed to report an attorney if you are at a firm? There's an ethical duty to report scumbags when you learn of them. I'm planning on helping the clients write the complaint and have them file it themselves online.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby rpupkin » Tue Aug 23, 2016 1:32 am

A. Nony Mouse wrote:I don't get why contacting the state bar association was a bad idea.

It's not. But if OP were working at a firm (which he apparently isn't), he would want to run the situation by someone at the firm first--both because he could get a double check on how over-the-line the offending attorney's behavior really was, and because you should let your law firm know if you're representing your own clients.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Tue Aug 23, 2016 11:24 am

Any thoughts on what supporting documents might be needed to file a complaint with the state bar?

Is it worth it to get a malpractice attorney and go after the guy? The clients are stuck paying 15% interest on a non-dischargeable loan and the settlement that attorney reached is worse than the default judgment.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby homestyle28 » Tue Aug 23, 2016 11:57 am

I've actually had to look at this issue some recently. Based on what OP describes, the complaint is a sort of lazy negligence claim, not one of actual fraud or misrepresentations to the court. At least where I practice, reporting suspected fraud gets you qualified immunity. Simply reporting someone as a bad lawyer (in that they make lots of mistakes and are inattentive) doesn't get you any kind of immunity or privilege, which means dude can sue you for defamation. Maybe your client has a malpractice claim, but pretty hard to say based on brief description and S/L might have run.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Tue Aug 23, 2016 8:06 pm

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Last edited by Anonymous User on Wed Aug 24, 2016 4:33 am, edited 1 time in total.

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A. Nony Mouse

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby A. Nony Mouse » Tue Aug 23, 2016 8:10 pm

Do you know that it would be possible to negotiate a lower APR? Just because it's an outrageous interest rate doesn't mean a lower one was ever an option.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Tue Aug 23, 2016 8:12 pm

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Last edited by Anonymous User on Wed Aug 24, 2016 4:33 am, edited 1 time in total.

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A. Nony Mouse

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby A. Nony Mouse » Tue Aug 23, 2016 8:16 pm

Anonymous User wrote:
A. Nony Mouse wrote:Do you know that it would be possible to negotiate a lower APR? Just because it's an outrageous interest rate doesn't mean a lower one was ever an option.


Considering there is a settlement reached and case dismissed with prejudice, what incentive would the loan servicer have in lowering the APR? The victims had been paying for 5 years and the loan servicer would assume they can continue to pay. The lender hired a shitlaw firm to do the work and collect payments. That particular firm is notorious for ignoring contacts from borrowers and i seriously doubt they would even entertain negotiating a lower APR.

Right...so how is it incompetence on the lawyer's part that the interest rate is so high? (Apart from not catching the error in the loan total.) (I may be misunderstanding exactly which parts you want to report him for.)

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Tue Aug 23, 2016 8:20 pm

Anonymous User wrote:Any thoughts on what supporting documents might be needed to file a complaint with the state bar?

Is it worth it to get a malpractice attorney and go after the guy? The clients are stuck paying 15% interest on a non-dischargeable loan and the settlement that attorney reached is worse than the default judgment.


After taking the MPRE, it seems like you would almost have to report to the bar. Something about the duty of competence? I forgot a lot of it, but there did seem to be a duty to report other attorneys for failing in their duties.

Or, if you're now the attorney, maybe you can advise the client of their option to contact the state bar themselves.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Tue Aug 23, 2016 8:22 pm

Anonymous User wrote:
Anonymous User wrote:Any thoughts on what supporting documents might be needed to file a complaint with the state bar?

Is it worth it to get a malpractice attorney and go after the guy? The clients are stuck paying 15% interest on a non-dischargeable loan and the settlement that attorney reached is worse than the default judgment.


After taking the MPRE, it seems like you would almost have to report to the bar. Something about the duty of competence? I forgot a lot of it, but there did seem to be a duty to report other attorneys for failing in their duties.

Or, if you're now the attorney, maybe you can advise the client of their option to contact the state bar themselves.


I would help the clients file the complaint themselves. I would not be the one filing it. So yes.

A. Nony Mouse wrote:Right...so how is it incompetence on the lawyer's part that the interest rate is so high? (Apart from not catching the error in the loan total.)


He could have negotiated for a lower APR during the negotiation instead of putting a nail in the coffin the same day. The default judgment was vacated.

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rpupkin

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby rpupkin » Tue Aug 23, 2016 11:10 pm

Like Nony, I'm not seeing the issue as clearly as you are. It's nice that you're helping your friend, but is there perhaps a legal aid service you can point your friend to?

No offense, but your friend might benefit more from someone who has practiced law for a bit. A working lawyer would also be in a better position to assess whether there's any point in reporting the attorney to the bar.

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Re: reporting an attorney in CA for incompetence & unethical conduct?

Postby Anonymous User » Wed Aug 24, 2016 4:31 am

rpupkin wrote:Like Nony, I'm not seeing the issue as clearly as you are. It's nice that you're helping your friend, but is there perhaps a legal aid service you can point your friend to?

No offense, but your friend might benefit more from someone who has practiced law for a bit. A working lawyer would also be in a better position to assess whether there's any point in reporting the attorney to the bar.


I understand. I will certainly refer them to a legal aid and as I said this is a limited scope advice. It seems like consulting a malpractice attorney would be the best route. I will look into this more. Thank you.




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