Question for an Attorney

I'm married to an atty. and none of his friends or colleagues have any counts against them so yeah, I'd think 28 was a lot. If he's failed to notify or return funds to clients, IMO he's at best terribly disorganized and forgetful and at worst dishonest and unscrupulous.

Here's a link to the state of CA web page defining rule 955 (now called rule 9.20) - it has to do with disbarred attorneys being obligated to notify their clients of their disbarring
http://www.courtinfo.ca.gov/rules/index.cfm?title=nine&am...

28 counts against him and disbarred? Who cares what 955 is: The guy's a slimeball! Tell your friend to dump him.

I am an attorney and I can tell you that it is very difficult to get disbarred. The attorney regulating body often gives second chances for people who have simply made mistakes or been disorganized to pull themselves together with a suspension or some other lesser disciplinary action. If he was disbarred and required to notify everyone of that disbarment and then didn't even do that -- in my opinion without knowing the facts of the case-- I would be concerned about his character. I know a lot of attorneys and none of them have even one count against them. Also, and this is just a generalization, many immigrations attorneys who are disbarred have been found to have taken advantage of their client's desperation and confusion in a foreign country. Many immigrants who are having immigration problems (no papers, etc.) have no one to turn to when their lawyer cheats them because they are afraid of going to the authorities. Because of this, they can be a target of unscrupulous lawyers trying to steal a quick buck.
I'm not saying that he did any of that, but many have.

Tell your friend to get rid of him! Bad news.

You are being a good friend to be concerned about your friend's dating partner, but she may not want your input unless she already has concerns. I don't know anything about the counts, but you should be concerned about his character. Unfortunately, until she has a good reason to be, your friend will not be concerned if she is really smitten with him. Also, if he has been disbarred, he is no longer an attorney, so I wouldn't refer to him as such.

Hi,
Now I am no expert however the 955, from what I understand has to do with being disbarred. He apparenlty did not "fight" or appeal or defend himself with the legal board when he was disbarred.

But this is a tricky situation. Is he calling himself an attorney? Is he working as a attouney?! If he is you may want to place a call to the California Law Society or equivilant.

Is your Girlfriend serious about this guy or is it casual? If it is serious I would start asking her questions about how much she knows about this guy. But don't be too obvious - just gentle mild questions. If the situation is serious and she does not know the information you know - then I think I would tell her. Or print out information about him and give it too her. But be supportive :) No matter what

If you presented your friend with the information you've discovered, would she think of you as a friend or a nosey busy body?

If you sincerely think she is in danger in ANY way, give her the information but be prepard to lose a friend.

You could also send her infomation by mail and not let her know who its from.

Matters of the heart are very touchy and unpredictable.

Blessings.

Dear S H,
I'm not an attorney, but I had to deal with a very bad one once. Being disbarred is pretty serious. You don't get disbarred for simply losing cases or if you have clients who complain you didn't work hard enough on their cases. Once disbarred, if you are ordered to comply with rule 955, it means that you have to notify all clients with pending cases, assist with filing substitution of attorney forms, return all files and personal propery, return fees, etc. If you don't comply, you may not be able to apply to have your license reinstated and be punished for being in contempt of a court order.
I personally would be concerned about the character of this man as it sounds to me a likely possibility that he's not very honest. I certainly wouldn't want him representing me in court!

If you tell your friend about this, one of two things will happen.
1) She'll be glad to know and relieved to find these things out before their relationship goes any further
2) She will be furious with you for butting in and taking it upon yourself to "investigate" her boyfriend

You'll have to decide for yourself how close the two of you are as friends. For instance, my friends know, without a doubt, I'd want to know these things about someone I was dating. But, not all women may feel that way. Your friend may be aware to an extent and has made the choice to see past it, in which case she'd be more mad at you than the guy who has gotten himself in trouble.
Only you know whether or not your friend would want you to say anything, and only she can decide for herself whether his "character" is a concern for her or not.

Good luck.