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My parents were involved in a law suit. The lawyer has confessed to stealing the settlement. Where do we go from here?
Anonymous6 views4 answers
My father's lawyer has confessed to stealing the settlement money from a case that he was handling. He did so over a phone call as part of his 12 step recovery program after a suicide attempt. We are not even sure the amount that was stolen, just that he is terribly sorry for his actions. My parents are devastated and are already struggling financially as a result of the wrongful termination of employment after he was injured on the job site. My parents put there trust in this man who has been my families lawyer for 20+ years. I called the Bar and he has been disbarred and is currently under other legal ramifications. I have written a letter of Grievance asking for explanation of actions and his plan to make this right. Any advise would be great.
Ben Frank AbbottPersonal Injury LawyerGarland, TX ·
Unfortunately, the State Bar of Texas, unlike other states, does not have a fund to compensate clients for attorney theft. Your leverage would have been to have restitution a condition of his keeping his license through the grievance system. However, since his license is now gone, this cannot be done.
It is important to review prior to hiring a lawyer to look for client references, fellow attorney recomendations, as well as an attorney's history and background in the community.
Joseph Jonathan BrophyEthics / Professional Responsibility LawyerWhite Plains, NY ·
Your parents should talk to a lawyer about a civil suit against the lawyer, but that's liable to be a heavy lift. Disbarred lawyers generally have no money. I am appalled but not surprised to learn from the prior answer that TX has no fund for client protection. TX laws are also very unfavorable to victims of medical malpractice. It seems to me to be about time for the citizens of TX to stand up for their rights through the political process.
Don KarotkinMedical Malpractice AttorneyHouston, TX ·
You should promptly report these facts to the Smith County district attorney's office. You should also promptly consult a Tyler plaintiffs' lawyer with expertise and experience in professional liabilty and legal ethics matters. I will be happy to give you a referral on request.
You should check with the State Bar to see if you can make a claim for restitution through the Client Security Fund. You may not be able to because the Bar did not take action on your parents' particular matter before the lawyer was disbarred, but I am not certain so definitely CALL THEM and ask - the number is (877) 953-5535 - and ask to speak with someone about the Client Security Fund. I'd call myself and post that here but it is after 7 p.m. Because he has already been disbarred, it may be that you can simply file the claim and state that the lawyer is already disbarred. There is a limit to the amount that the Client Security Fund can reimburse, but a little bit is better than nothing. I had a client whose lawyer in his divorce case stole an inheritance from him that she was ordered to hold in trust pending conclusion of the divorce of nearly $100K. My client filed a grievance against her and then pursued a claim with the Client Security Fund. The maximum amount of reimbursement was then and is still $30K. You can of course also sue, but it sounds like he may not have anything to collect from. You can also file criminal charges as mentioned above.
And FYI to the other attorneys, there IS a fund for compensating victims of lawyer theft, and that is the Client Security Fund. It is financed by our Bar dues. It is limited, though, as stated above, to a maximum of $30K per claim. Also, you cannot charge a fee to a client for assisting the client in making a claim to this fund.
