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Can I sue an attorney for malpractice? He failed to reimburse me for a stipulation order in my favor.
Anonymous3 views2 answers
In 2008, 4 years after the case, I won a court order that authorized reimbursement of escrow fees. It was thousands of dollars, but in the interim I had moved to TX, was hospitalized for years for lung and heart disease. Called the attoney again in 2010 for an update but was told it was pending. I have now moved to CA and have now learned, the case was settled in 2008 and that the check was issued to the attorney c/o and was cashed a month after he received the check delivered to him. Last week, I finally contacted him and he said he had the funds in his escrow account and that he would call me back. Since then, after 10 calls and 5 messages, he will not call me back. Can I sue him?
The short answer is yes, you can sue the attorney, but you may want to file a complaint with the State Bar of Nevada first. The State Bar's phone number is 702-382-2200.
What you describe sounds like it may violate multiple ethical rules. For example, Nevada Rule of Professional Conduct 1.4 which requires a lawyer to "Keep the client reasonably informed about the status of the matter" and "Promptly comply with reasonable requests for information." He or she may also be in violation of NRPC Rule 1.15. (Safekeeping Property) :
(d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.
If you find the lawyer has embezzeled your funds, in addition to a bar complaint, you should also file a claim with the State Bar of Nevada's Client Security Fund. This is a fund established by lawyers to help compensate the victims of dishonest lawyers who have stolen their client's money or property. You can reach the representative in charge of the CSF through same number given above.
It is a breach of the attorney's professional responsbility and fiduciary duty to fail to send the escrow fees. The money belongs to you. You might gently remind the attorney, in writing, of his professional ethical obligations and that the state bar monitors attorneys' compliance with such obligations. I would think this would spur him to action.
