You should be able to sue the lawyer, but a pertinent question is whether you can actually recover the money from him. You might start your inquire with the agency that disbarred the lawyer to see if he was ordered to pay you restitution, and then seek out a local attorney to evaluate whether to sue the first lawyer.
Full Answer
The good news (or not) is that some states allow disbarred lawyers to eventually apply for readmission. The bad news, according to the ABA, is that only about 10% of lawyers who apply for reinstatement actually get reinstated. The easiest thing to do, of course, is not to lie, cheat, or steal.
What Does It Really Take to Get Disbarred? In the annals of what state bars can do to a lawyer, being disbarred ranks number one on the list. Lawyer TV shows frequently trot out disbarment as a punishment for things like lying to the court or breaking client confidentiality, leading civilians to think that it happens a lot.
What to do if you discover that your lawyer wasn't much of a lawyer after all. To change attorneys in the middle of a case or other legal matter is disruptive, time-consuming and stressful. It can also negatively affect your case, depending on when, in the course of the litigation or other matter, you need to make the change.
This layer of trust is the reason why state bars obsess over moral uprightness: It's not enough that a lawyer doesn't do bad things because he or she doesn't want to be punished. A lawyer must affirmatively do the right thing because it is the right thing. Obviously, stealing client money qualifies.
Your new lawyer should promptly notify the appropriate parties (such as the court, administrative agency, or other involved parties) of the situation. Most will be sympathetic and realize that your lawyer’s disbarment was not your fault. If your case is in court, watch out for any hard-and-fast statutes of limitations that might eventually cut off your right to relief. If not, the court is likely to give you a short delay in the proceedings (sometimes called an adjournment or stay) in order for your new attorney to get up to speed.
An attorney who is disbarred loses that professional license, and is banned from practicing law. Disbarment normally occurs when the state bar association determines, typically after numerous complaints by clients, other lawyers, or judges, that a lawyer is unfit to continue practicing law.
An attorney who is disbarred loses that professional license, and is banned from practicing law.
Pursuant to Rule 27 of the American Bar Association’s Model Rules for Attorney Disciplinary Enforcement, a lawyer who is disbarred or suspended from the practice of law must, within ten days of the date when discipline was imposed, send a notice to all clients, opposing counsel, and any co-counsel, notifying them that the lawyer is no longer able to act as a lawyer in the matter. Attorneys are usually required to notify clients (as well as co-counsel and opposing counsel) within ten days of being disbarred or suspended. Most jurisdictions require clients to be notified by certified mail.
The attorney may, for example, have grossly mishandled cases (failed to file important court documents by the deadline, for example), lied to a jury or the client, failed to act diligently (for example, failed to file promised articles of incorporation), or stolen client funds held in trust.
For this reason, before hiring an attorney, it is prudent to contact your state’s bar association or the commission that licenses attorneys in your area to ask whether your prospective attorney has previously been subject to disciplinary action, and also to ensure that the attorney is currently licensed in good standing.
What to do if you discover that your lawyer wasn't much of a lawyer after all. To change attorneys in the middle of a case or other legal matter is disruptive, time-consuming and stressful. It can also negatively affect your case, depending on when, in the course of the litigation or other matter, you need to make the change. ...
In California, after 5 years passes from date of disbarment an attorney can apply for reinstatement. I can tell you from personal knowledge, it’s a difficult and expensive process, involving a VERY rigorous and thorough investigation, culminating in a full blown trial in State Bar Court, with a relatively low chance of succeeding. How low? Well, when I was serving on the reinstatement/moral character team, I know our success rate was in the 90% range. It is— rightfully— an extremely high bar a disbarred attorney has to leap in order to achieve reinstatement!
Basically, many attorneys are deemed guilty unless they can prove they are innocent. To defend a case the attorney should plan on spending around $5,000 or more to hire a specialist to assist them. The response requires a lot of work and is time consuming and technical.
The attorney also has to show that they’ve kept up to date on the law.
In most cases, the disbarred attorney seeking reinstatement has gone to work for a law firm and has not “broken the rules” by meeting with clients or going to court. At all. They will mostly do research, drafting and document revi
If the lawyer is convicted of a felony, it’s a different story. Most, if not all bars will immediately disbar a lawyer convicted of a felony. That being said, if the felony is something that doesn’t involve “moral turpitude”, the bar may be more willing to work with the former lawyer. (For example, if the lawyer is convicted of a felony that doesn’t involve deception, fraud, etc. the bar may consider reinstatement after an amount of time, or requiring new training, etc.) Granted, I’ve only seen this happen one time in 20+ of law practice, but it is possible. I don’t remember what the person was convicted of, but he was required to take some law school classes and re-take the bar exam.
If the lawyer is still disbarred, there is a path to reinstatement in some states, but it is very rare.
In light of the seriousness of misconduct required to merit disbarment and how rarely it is imposed (in my state at least), I see no reason to allow for a lawyer to come back from disbarment. Perhaps other states and countries don’t, but my state has an ample supply of ethically challenged lawyers who still have valid law licenses without needing to reinstate those already proved to be unethical.
Call the State Bar of Arizona to explain your case and ask if you may be eligible to apply to the Client Protection Fund. Call 602-340-7280 within Maricopa County or 800-319-0514, extension 7280, everywhere else.
Fill out an application on the State Bar of Arizona website. Forms are available in English and in Spanish.
Individuals who have hired the lawyer or have a fiduciary relationship with the lawyer, such as guardianship.
The current or former spouse, child, parent, grandchild, grandparent or sibling of the lawyer.
The lawyer must have been licensed or authorized to practice law in Arizona.
Here's a little-known way to get money back from a bad lawyer. Ray Bedell, a retired Phoenix electrician, had borrowed and scraped together more than $5,000 to hire an attorney in a family court case so he could spend more time with his daughter. The lawyer seemed smart, aggressive and talented in the courtroom, Bedell remembered.
Examples of Client Protection Fund cases include: An attorney fails to perform work a client paid for and refuses to issue a refund. An attorney improperly keeps part or all of a lawsuit settlement or award. An attorney lies, which causes a client financial harm. An attorney dies in the middle of a case and doesn't leave money to reimburse clients.